125 Cal. 636 | Cal. | 1899
This is an action to recover damages for the alleged conversion of certain personal property. The case was tried without a jury, and judgment was rendered for plaintiff. Defendant appeals from the judgment upon the judgment-roll alone.
It was averred in the complaint that on the 4th of April the plaintiff was the owner of, in possession of and entitled to the possession, and ever since has been the owner and entitled to the possession of, certain described personal property consisting of horses, wagons, and farming implements; that on the said fourth day of April the defendant, as sheriff, levied upon and took possession of said property under a writ of attachment in a suit against one S. B. McCray, brought by third parties, and converted the same to his own use; that before the commencement of this action, to wit, on or about the fourteenth day of April, the plaintiff demanded of the defendant the possession of the said property in accordance with the statutory provisions upon the subject, and that the defendant refused to deliver the same to the plaintiff; that the value of the property was about nine hundred and seventy dollars, and that the plaintiff had expended large sums of money in pursuit of the same; and that by reason of the wrongful talcing, detention, and conversion of the property plaintiff was damaged in the sum of fifteen hundred dollars, for which he prays judgment.
The main contention of appellant is, that the findings do not support the judgment because there is no finding that plaintiff was damaged in any amount whatever. Mo doubt the findings could have been more full and specific, but we think that they are sufficient to support the judgment. A great many embarrassing questions have been raised in this court in consequence of a want of care in preparing findings. It seems to have been assumed in many cases that when the trial court had announced the judgment which it intended to enter the ease was over, and there was nothing farther for the winning side to look to; but it must be remembered that under our code findings must be prepared which must contain statements of facts necessary to support the judgment. In the ease at bar, while there has been carelessness in the preparation of the findings, still we think that they are sufficient. The court finds that on the said fourth day
The findings are not deficient because the court did not find that on the fourteenth day of April, when plaintiff made his demand upon the sheriff, the plaintiff was then the owner of and entitled to the property. The cause of action was the taking of the property on the fourth of April; demanding its return was a mere statutory requirement for the benefit of the sheriff. We see no other points necessary to be noticed. The claim of respondent that damages should he imposed for a frivolous appeal cannot he allowed; the respondent, under the circumstances, should be satisfied with an affirmance of the judgment.
The judgment appealed from is affirmed.
Temple, J., and Henshaw, J., concurred.