Phipps v. Harlan (1878) · DecisionDepot

Phipps v. Harlan

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1878 No. No. 5852Published

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Holding. The court affirmed the judgment and order denying a new trial for five defendants, while reversing and remanding the judgment against a sixth defendant due to a missing finding on an affirmative defense.

Issues

Whether the judgment and order denying a new trial should be affirmed as to defendants Harlan, Maulsbury, Brown, Fowler, and Swope.
Whether the judgment as to defendant Watson should be reversed for lack of a finding on his affirmative defense.

Disposition. Affirmed in part, reversed in part, and remanded.

Quotations verified verbatim against the opinion

“Judgment and order denying a new trial affirmed as to the defendants Harlan, Maulsbury, Brown, Fowler, and Swope.”

“The judgment as to the defendant Watson reversed for want of a finding upon the affirmative defense set up in his answer”

Synopsis

Findings must Respond to the Issues.—Where an'answer sets up an affirmative defense the findings must respond thereto.

By the-Court: Judgment and order denying a new trial affirmed as to the defendants Harlan, Maulsbury, Brown, Fowler, and Swope. Remittitur forthwith.

The judgment as to the defendant Watson reversed for want of a finding upon the affirmative defense set up in his answer, and as to him the cause is remanded with directions to make an additional finding upon the said affirmative defense, and thereupon to proceed to judgment as to the said defendant Watson. Remittitur forthwith.

Phipps v. Harlan

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