Phipps v. Harlan

53 Cal. 87

Opinion

By the-Court:

Judgment and order denying a new trial affirmed as to the defendants Harlan, Maulsbury, Brown, Fowler, and Swope. Remittitur forthwith.

The judgment as to the defendant Watson reversed for want of a finding upon the affirmative defense set up in his answer, and as to him the cause is remanded with directions to make an additional finding upon the said affirmative defense, and thereupon to proceed to judgment as to the said defendant Watson. Remittitur forthwith.