Kelly v. McKibben

Citations

• 54 Cal. 192

Syllabus

<p>Replevin—JudgmentI- Findings—Maxim.—In an action to recover possession of personal property, a reference in the judgment to the findings, and in tlie findings to the complaint for a description of the property, is inexcusably circuitous, but the description is not uncertain. Certum est quod certum reddi potest.</p> <p>Id.—Id.—Id.—Amended Complaint. —Such reference is to the amended complaint, if there be one.</p> <p>Id. — Damages.—If the findings in such an action state the value of the property, and the date of the taking, the plaintiff is entitled to interest on such value as damages, without a special finding to that effect; but he is not entitled to recover the money expended by him in pursuit of the property.</p> <p>Id.—Id.—Detinue — Trover.—The distinction between an action to recover possession of personal property, with damages for its detention, and one to recover damages for its wrongful conversion, is as broad as between the common-law actions of detinue and trover. In the latter case the rule of damages is prescribed by § 333G Civil Code, and in the former by § 6G7 Code of Civil Procedure.</p> <p>Judgment Roll—Memorandum of Costs.—The memorandum of costs forms no part of the judgment roll, and the Court having only the judgment roll before it, cannot review an order to retax costs.</p>