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Brown v. Brown

California Supreme Court
Brown v. Brown, 3 Cal. 111 (Cal. 1853)
Murray

Brown v. Brown

Opinion of the Court

The opinion of the Court was delivered by

Murray, Chief Justice.

This cause comes within the rule laid down by us in Russel v. Armador,* in which we decided that the court below, sitting as a jury, must find separately the facts and conclusions of law. The verdict of the court in the present case is insufficient. This rule, however, is not intended to apply to judgments by default.

Judgment reversed as to Groves, and new trial ordered; judgment as to Brown affirmed; costs to abide the event.

See 2d California Reports, 305.

Reference

Full Case Name
BROWN v. BROWN and GROVES
Cited By
1 case
Status
Published
Syllabus
The court below, sitting as a jury, must find separately the facts and conclusions of law. A verdict insufficient in this particular will be reversed. But this rule does not apply to a judgment by default against one defendant, where there are two, and the other goes on to trial.
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