Kinsey

This action is in claim and delivery, and is for the specific recovery of the possession of a certain Nash touring car, or in case possession thereof cannot be had, to recover the sum of $700, the alleged value thereof, together with the sum of $400 as damages for the alleged wrongful detention and use of said car. Judgment passed for the plaintiff in accord with the prayer of the complaint, as just indicated, and for the sum of $676 as damages for the unlawful detention and use of said car, the sum in excess of the sum specifically alleged in the complaint for such damage being for damage alleged to have been suffered by plaintiff for such detention and use by the defendants subsequent to the time of the filing of the complaint. The defendant Fidelity and Deposit Company made a motion for a new trial, which motion was denied.

The appeal is by the defendant corporation from said judgment upon a record prepared in pursuance of the provisions of section 953a of the Code of Civil Procedure.

This case has previously been before and decided by this court, the judgment having been reversed and the cause remanded for a new trial. (Kinsey v. Ryan et al., 74 Cal. App. 567 [ 241 Pac. 282…