Riley v. Loma Vista Ranch Co.

SHAW, J.

The appellant issued to one Howard its warehouse receipt for a quantity of hay. A part of the hay had been delivered when, by assignment, the respondent acquired title to this receipt, demanded the balance of the hay, and upon failure to deliver the same instituted suit against the Loma Vista Ranch Company for the value thereof, making as parties defendant in said suit Howard and one W. L. Riley, who was respondent’s immediate assignor. Upon the trial he obtained judgment against Howard and W. L. Riley, but as against the Loma Vista Ranch Company it was adjudged that plaintiff’s (respondent’s here) complaint be dismissed and that said company have judgment for its costs. The respondent moved for a new trial, which motion was, by order of court, denied, and on his appeal therefrom, this order was reversed without any qualification.

(Riley

v.

Loma Vista Ranch Co.,

1 Cal. App. 488, [82 Pac. 686].)

On November 24, 1905, and after the

remittitur

had been filed in the superior court, judgment was rendered on motion in favor of respondent William Riley, and against the Loma Vista Ranch Company, and from this judgment the, latter appeals on the judgment-roll.

The order of reversal was general and not qualified by any specific direction, the ground assigned therefor being that the findings were not justified by the evidence.

The effect of this reversal was to award to the parties a new trial of the case.

(Falkner

v.

Hendy,

107 Cal. 49-54,

[27]

[40 Pac. 21, 386];

Myers

v.

McDonald,