Dunn

Dunn v. Price

Good Law
112 Cal. 46·1896 Cal. LEXIS 647·44 P. 354
Supreme Court of CaliforniaMarch 24, 1896L. A. No. 82California1,647 words

Opinion

Lead Opinion

Belcher, J.

This is an action to recover the posession or value, alleged to be four hundred and sixteen dollars, of four horses and two sets of harness, with damages for the detention thereof. The answer denied that the plaintiff was the owner or entitled to the possession of the described property, or of any part thereof, at the time of the commencement of the action or at any time prior thereto, and denied that defendants had ever unlawfully withheld or detained said property, or any of the same, from the possession of the plaintiff.

The case was tried by the court without a jury, and the findings were that the plaintiff was not, at any of the times mentioned in the complaint or at the commencement of the action, the owner of or entitled to the possession of the property described in the complaint, or of any part thereof.

Judgment was accordingly entered that the plaintiff take nothing by the action. A motion for new trial was subsequently made upon a bill of exceptions and denied, and from that order this appeal is prosecuted.

The bill of exceptions contains no specifications that the findings were not justified by the evidence, and the only points made for a reversal are that the court…

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