Holmberg v. Hendy
This text of 10 P. 394 (Holmberg v. Hendy) 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.
Opinion
The action is claim and delivery. The judgment does not conform to the requirements of the statute in such cases, for which reason it must be reversed: Code Civ. Proc., see. 667; Berson v. Nunan, 63 Cal. 550. The verdict contains the same vice, for which reason a proper judgment could not be here ordered, assuming that none of the other points made by appellants are well taken. A new trial must therefore be ordered without reference to the other points.
Judgment and order reversed and cause remanded for a new trial.
We concur: Myrick, J.; McKinstry, J.
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Cite This Page — Counsel Stack
10 P. 394, 2 Cal. Unrep. 650, 1886 Cal. LEXIS 878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmberg-v-hendy-cal-1886.