· 6/18/1903

Liurette v. Hiller

Citations

  • 139 Cal. 729

Syllabus

<p>Appeal—Beview of Evidence—Lack of Specification.—Though this court is willing liberally to construe the statutory requirement of specification of particulars in which it is claimed that the evidence is insufficient to justify the verdict, where the specification is sufficient in statement to advise opposing counsel and the trial court of the grounds of attack, so that they may determine what should be put in the statement,—it cannot entirely disregard the statute, and will not review the evidence on any point upon which there is the entire absence of such a specification.</p> <p>Id.—Action fob Conversion—Sufficiency of Evidence.—In an action for damages for alleged conversion, the question of the insufficiency of the evidence to show a conversion of plaintiff’s property by the defendants cannot be considered, where there is absolutely no specification referring in the remotest degree to the question of such conversion.</p> <p>Id.—Evidence—Value of Property—Prices at Sheriff’s Sale.— Alleged error in refusing to allow evidence for the defendants to prove the prices which the property in controversy brought at sheriff’s sale, as tending to show the value of the property converted, is not ground of reversal, where the record shows that such prices were proved by one of defendants’ witnesses.</p>

Judges: Angellotti

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