Holmberg v. Hendy
Before: Ross
Synopsis
Replevin—Form of Verdict and Judgment.—In an action of claim and delivery, the verdict and judgment must be in the alternative, as provided by section 667 of the California Code of Civil Procedure.
ROSS, J. The action is claim and delivery. The judgment does not conform to the requirements of the statute in such cases, for which reason it must be reversed: Code Civ. Proc., see. 667; Berson v. Nunan, 63 Cal. 550. The verdict contains the same vice, for which reason a proper judgment could not be here ordered, assuming that none of the other points made by appellants are well taken. A new trial must therefore be ordered without reference to the other points.
Judgment and order reversed and cause remanded for a new trial.
We concur: Myrick, J.; McKinstry, J.
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