McCray v. Burr

Citations

• 125 Cal. 636
• 58 P. 203
• 1899 Cal. LEXIS 918

Syllabus

<p>Conversion of Personal Property—Findings—Damages—Necessary Implication.—In an action for damages for the conversion of personal property, findings in favor of plaintiff’s ownership and possession, and that the defendant sheriff took the property and sold the same as alleged in the complaint, that it was of the value of seven hundred dollars, and that by virtue of the levy and sale said property was entirely lost to the plaintiff, followed by a conclusion of law that plaintiff is entitled to recover of the defendant the said sum of seven hundred dollars with interest, though informally drawn, necessarily imply that plaintiff was thereby damaged in the amount of the value of the property, and are sufficient to support the judgment without an express finding to that effect.</p> <p>Id.—Finding of Probative Facts.—Where probative facts are found from which the court can declare that the ultimate facts necessarily result, the finding is sufficient.</p> <p>Id.—Demand Upon Sheriff—Ownership of Property—Cause of Action.—The demand upon the sheriff is no part of the cause of action for conversion of the property, but is a mere statutory requirement for the benefit of the sheriff; and it is not necessary that the findings should specifically show that plaintiff was the owner of and entitled to the property at the time of such demand.</p>