Brown v. Brown

Decided April 15, 1853

California Supreme Court · decided 1853-04-15

<p>Appeal from the Superior Court of San Francisco.</p> <p>This was an action brought by the plaintiff to recover of defendants two promissory notes, set forth in the complaint. One of defendants, Brown, made default, and judgment was entered against him accordingly; the other, Groves, went on to trial; but as the cause went off on grounds distinct from the facts of the case, a further report of them is deemed unnecessary.</p>

Cited by 1 later decisions — most recently January 1877

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1853-04-15

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¶1The opinion of the Court was delivered by

Murray, Chief Justice.

¶2This cause comes within the rule laid down by us in Russel v. Armador,* in which we decided that the court below, sitting as a jury, must find separately the facts and conclusions of law. The verdict of the court in the present case is insufficient. This rule, however, is not intended to apply to judgments by default.

¶3Judgment reversed as to Groves, and new trial ordered; judgment as to Brown affirmed; costs to abide the event.

¶4 See 2d California Reports, 305.