Tulley v. Tranor

Citations

• 53 Cal. 274

Syllabus

<p>Conversion—Retroactive Amendment to Civil Code.—The amendment of sec. 3336 of the Civil Code, which took effect July 1st, 1874, operated upon the trial of an action brought for the conversion of personal property which took place after the amendment took effect, although the conversion had occurred prior to the amendment.</p> <p>Same—Construction oe Statute.—The expression of see. 3336, “the detriment caused by the wrongful conversion of personal property is presumed to be,” indicates that it was intended to establish a legal presumption to operate, and which could only operate, at the trial of the cause.</p> <p>Same—“Right Acquired.” — The right to resort, at the trial of an action for the conversion of personal property, to an arbitrary presumption, of detriment was not, previous to the trial at which the presumption would have arisen, a “right acquired” within the meaning of sec. 286 of the Amendments to the Civil Code, which took effect July 1st, 1874.</p> <p>“ Proceeding Taken.”—The commencement of an action before the “Amendments” took effect was not a “proceeding taken” within the meaning of the section aforesaid.</p> <p>Practice on Appeal.—When a cause has been tried by the parties in the Court below on the theory that an averment in the complaint is denied by the answer, the plaintiff will not be x>ermitted in this Court to claim that the averment is not denied.</p>