Hogue v. Fanning

Foote, C. According to the stipulation of the parties, •the following appear to be the facts in this case: —

1. “That heretofore, to wit, on the first day of March, 1886, one J. N. Fanning commenced an action in the Justice’s Court of the fourth township, county of Fresno, [55]state of California, against one Andrew Farley, for the recovery of the possession of a certain mare and colt, or for the sum of $275, the value thereof, in case a delivery could not be had; and for $50 damages for the detention thereof, with cost of suit.”

Said action was in the usual form of actions for claim and delivery of personal property.

That on the sixteenth day of September, 1886, said cause was duly tried before the defendant, S. L. Hogue, a justice of the peace, with a jury; and after the evidence was introduced in said cause, the said jury returned the following verdict: —

“ Selma, September 16, 1886.

“ We, the jury, in the case of Fanning v. Farley, find for plaintiff, less damages claimed.

“ C. S. Stanton, Foreman.”

That thereupon the said justice made and entered the following judgment in said cause: —

“ In accordance with the foregoing verdict, and the premises having been by the court considered, it is ordered and adjudged that the plaintiff, J. N. Fanning, do have and recover from the defendant, Andrew Farley, the possession of the personal property in the complaint herein described and filed, or for the sum of $275, in case a delivery cannot be had, together with said plaintiff’s costs of suit herein paid out and expended.

“ Done in open court this sixteenth day of September, 1886. S. L. Hogue, Justice of the Peace.”

That thereafter, on the tenth day of November, 1886, it having been stipulated that defendant’s counsel have time to file the same, defendant’s counsel filed a motion to set aside the verdict and vacate the judgment filed; and on the twenty-sixth day of said month, the said court denied said motion; and on the tenth day of January, 1887, plaintiff’s counsel asked for an execution.in said case to issue, whereupon the said justice of the [56]