Hill

Hill v. Walsh

Good Law
105 Cal. App. 195·1930 Cal. App. LEXIS 627·287 P. 119
Court of Appeal of CaliforniaApril 12, 1930Docket No. 4019.California1,119 words

Opinion

Lead Opinion

Parker, J.

This is an action in claim and delivery for the recovery of certain personal property. Plain tiff had judgment for the return of the property, or for the value thereof, in case a return could not be made. From this judgment defendants appeal on the judgment-roll alone.

But one point is presented on the appeal. Appellants contend that the" judgment is too uncertain to be enforced, or enforceable, and that there is no description of the property sufficient to enable an officer executing the judgment to identify the property.

As indicated, we have before us the judgment-roll alone.

The complaint alleges, among other things, that certain personal property is in possession of defendants, and describes that property as follows:

In the trial court’s findings of fact the property is again described in exactly the same manner, and in the judgment it is ordered that plaintiff do have and recover from defendants the possession of the property described in plaintiff’s complaint as follows: (Here follows the same description, including values, as hereinbefore tabulated), the judgment providing the alternative of payment of values found in case delivery could not be made.

Appellant relies…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.