Phillipos v. Mihran

Citations

• 38 Wash. 402
• 80 P. 527
• 1905 Wash. LEXIS 1184

Syllabus

<p>Conversion—Complaint — Sufficiency — Form of Action— When Not Replevin—Form of Verdict. A complaint which alleges the wrongful taking hy defendant' of goods belonging to the plaintiff, without his consent, a demand for the return of the goods or payment of their value, $260, and a refusal to pay for the same, praying judgment for the value, states a cause of action for a. conversion, and is not in form an action for replevin; and a verdict for the sum of $260, without finding the value of the property, is the only proper form.</p> <p>Conversion—Complaint —• Sufficiency — Alleging Situs of Property. An allegation that defendant wrongfully took possession of property of the plaintiff, then in King county, Washington, is a statement that the property—not the plaintiff—was in King county at the time.</p> <p>Same—Plaintiff’s Right of Possession. In conversion the allegation that defendant took possession of property of which the plaintiff was owner, is equivalent to an allegation that plaintiff was entitled to the possession.</p> <p>Trial—Verdict—Form. A verdict in the form instructed hy the court, with the addition of the words “in the above entitled cause,” is in effect the filling in of the form instructed.</p>