Brown v. Johnson

California Supreme Court

Brown v. Johnson

45 Cal. 76

CourtCalifornia Supreme Court

DecidedJuly 1, 1872

DocketNo. 3,379

StatusPublished

Cited by13 cases

This text of 45 Cal. 76 (Brown v. Johnson) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Johnson, 45 Cal. 76 (Cal. 1872).

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Opinion

By the Court:

If at the trial of this action (replevin) it had distinctly ap-. peared that the personal property in controversy- had been hopelessly lost or had been destroyed, so that a judgment for its delivery would be necessarily unavailing, a failure to render judgment for its possession (under Section 200 of the Practice Act) would, at most, be but a technical error or omission,■ and one for which we would not reverse the judgment. And in support of such judgment, where, as here, the record discloses nothing on the -point, we will intend that the facts actually appearing below were such as to warrant its rendition. •

Judgment affirmed.

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By the Court:

If at the trial of this action (replevin) it had distinctly ap-. peared that the personal property in controversy- had been hopelessly lost or had been destroyed, so that a judgment for its delivery would be necessarily unavailing, a failure to render judgment for its possession (under Section 200 of the Practice Act) would, at most, be but a technical error or omission,■ and one for which we would not reverse the judgment. And in support of such judgment, where, as here, the record discloses nothing on the -point, we will intend that the facts actually appearing below were such as to warrant its rendition. •

Judgment affirmed.

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Bluebook (online)

45 Cal. 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-johnson-cal-1872.

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