63 Cal. 33 | Cal. | 1883
Plaintiff brought suit against E. H. and John Archer for damages for an alleged breach of a certain lease of land. The answer of the defendants was a general denial, the complaint being unverified. The case was tried before a jury, and a general verdict rendered for defendant. Thereupon, and on the 11th of March, 1882, judgment was entered in favor of the defendants, E. H. and John Archer, for costs. There was no motion for a new trial, but on the 29th of May the plaintiff moved the court to vacate the judgment on the ground that the verdict was for defendant, whereas the judgment entered was for the defendants. The court below granted the motion, and vacated the judgment, for the reason assigned in the motion.
This case is not like People v. Sepulveda, 59 Cal. 342. That was a criminal case in which there were two defendants jointly indicted and jointly tried, and the verdict returned was: “We, the jury, find defendant” guilty. As it could not be ascertained from the verdict which one of the two defendants on trial had been found guilty, the verdict was held void for uncertainty.
Order reversed.