Reniff v. The "Cynthia"

California Supreme Court

Reniff v. The "Cynthia"

18 Cal. 669, 1861 Cal. LEXIS 266

CourtCalifornia Supreme Court

DecidedJuly 1, 1861

StatusPublished

Cited by1 cases

This text of 18 Cal. 669 (Reniff v. The "Cynthia") 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

Reniff v. The "Cynthia", 18 Cal. 669, 1861 Cal. LEXIS 266 (Cal. 1861).

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Opinion

Baldwin, J. delivered the opinion of the Court

Field, C. J. concurring.

We see no error in the record except this, that it was irregular to enter up a judgment non obstante veredicto after the plaintiff had gone into proof as to damages, and the jury had returned a verdict upon the facts introduced in evidence. The effect of this might well have been to take the defendant by surprise, and induce him to refrain from moving to amend his answer in the partial traverse .which he made of the amount of damages; which amendment the [671]*671Court had power to grant, and probably would have granted with or without terms, in advancement of justice. For this reason the judgment is reversed, and the Court below may, if the plaintiff desire it, enter judgment on the verdict. If not, the cause can be retried. Costs to be paid by the appellant.

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Baldwin, J. delivered the opinion of the Court

Field, C. J. concurring.

We see no error in the record except this, that it was irregular to enter up a judgment non obstante veredicto after the plaintiff had gone into proof as to damages, and the jury had returned a verdict upon the facts introduced in evidence. The effect of this might well have been to take the defendant by surprise, and induce him to refrain from moving to amend his answer in the partial traverse .which he made of the amount of damages; which amendment the [671]*671Court had power to grant, and probably would have granted with or without terms, in advancement of justice. For this reason the judgment is reversed, and the Court below may, if the plaintiff desire it, enter judgment on the verdict. If not, the cause can be retried. Costs to be paid by the appellant.

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Bluebook (online)

18 Cal. 669, 1861 Cal. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reniff-v-the-cynthia-cal-1861.

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