Mathe

Eilers Music Co. v. Mathe

Good Law
1920 Cal. App. LEXIS 628·46 Cal. App. 234·188 P. 1027
Court of Appeal of CaliforniaFebruary 20, 1920Civ. No. 2680.California675 words

Opinion

Lead Opinion

Conrey, J.

Action to recover possession of personal property alleged to be unlawfully withheld from plaintiff by the defendants. Judgment in favor of defendants, from which the plaintiff appeals.

We first call attention to two statements in the brief for appellant which should not have been made, as they are wholly unjustified by the record. These statements are: That the defendant Mathe by his answer pleaded a general denial as his only defense, and that the findings are insufficient to support the judgment because they consist wholly of conclusions of law and make no finding of fact. There is thus imposed upon the court a useless labor whereby it is- ascertained that the complaint is in the usual form of actions of this class; that the defendant filed a verified answer specifically denying in due form each and every allegation of the complaint; and that the findings of fact respond in detail to every issue raised by the pleadings.

The only other points suggested in support of the appeal are: That the findings are “wholly unsupported by the proofs’’; that the court erred in admitting evidence tending to show failure of consideration for the execution of two bills of sale, and that the…

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