Phipps v. Harlan
California Supreme Court
Phipps v. Harlan, 53 Cal. 87 (Cal. 1878)
Phipps v. Harlan
Opinion of the Court
Judgment and order denying a new trial affirmed as to the defendants Harlan, Maulsbury, Brown, Fowler, and Swope. Remittitur forthwith.
The judgment as to the defendant Watson reversed for want of a finding upon the affirmative defense set up in his answer, and as to him the cause is remanded with directions to make an additional finding upon the said affirmative defense, and thereupon to proceed to judgment as to the said defendant Watson. Remittitur forthwith.
Reference
- Full Case Name
- EDWARD L. PHIPPS, (A Minor, by Thos. B. Swain, His Guardian,) v. E. HARLAN, JOB MAULSBURY, W. T. BROWN, C. D. FOWLER, S. S. SWOPE, and S. F. WATSON
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Findings must Respond to the Issues.—Where an'answer sets up an affirmative defense the findings must respond thereto.