Nickerson v. Cal. Stage Co.

Citations

• 10 Cal. 520

Syllabus

<p>Plaintiff brought an action of replevin against the defendants to recover certain property, and obtained a judgment for its restitution, and damages for its illegal detention; defendants paid the damages, but the property was not restored. Plaintiff then brought an action of trover to recover the value—defendants plead the former recovery as a bar; Held, that the judgment in replevin did not constitute a bar to the action of trover, the judgment in replevin not having been satisfied.</p> <p>The judgment in the action of replevin was, as between the parties, conclusive evidence of the plaintiff’s title to the chattel in question, and it only remained for the Court, in this action, to determine its value.</p> <p>¡Nor was it necessary to the right of the plaintiff to recover in this action, that the value of the property in the replevin-suit should have been found, and an alternative judgment for the return of the property or the payment of its value.</p>