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2 Cal. Unrep. 650

Holmberg v. Hendy

California Supreme Court

Decided March 31, 1886

California Supreme Court · decided 1886-03-31

Action for claim and delivery. The verdict and judgment were not in the alternative form, but merely for plaintiff for the sum of eleven hundred dollars and interest.

Relies on Berson v. Nunan

Decided 1886-03-31

ROSS, J.

¶1The 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.

¶2Judgment and order reversed and cause remanded for a new trial.

¶3We concur: Myrick, J.; McKinstry, J.

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