Martz

H. G. B. Alexander & Co. v. Martz

Caution
107 Cal. App. 277·1930 Cal. App. LEXIS 396·290 P. 300
Court of Appeal of CaliforniaJuly 18, 1930Docket No. 5878.California1,004 words

Opinion

Lead Opinion

Craig, J.

The respondents purchased from one James Paul a Chrysler automobile of a specified description by serial and motor numbers, for which they instituted this action in replevin against appellant, and took from his possession a Chrysler car bearing different numbers. The defendant by a cross-complaint alleged that he had purchased from one H. B. Washburn the car last mentioned, and that it had passed through the hands of numerous persons and firms named. All of the parties were joined as cross-defendants, from whom damages were demanded upon the ground that appellant was an innocent purchaser for value, and had been defrauded. Judgment was rendered in favor of the plaintiffs, and the defendant appealed therefrom and from an order denying a new trial. The appeal from said order must be dismissed. (Estate of Siemers, 202 Cal. 424 [ 261 Pac. 298 ].)

As grounds for reversal it is asserted that certain depositions were erroneously received in evidence and that the findings of fact and judgment are not supported by the evidence.

A motion upon five days’ notice was presented for an order shortening the time within which to serve a notice of intention to take depositions upon oral…

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