Phipps v. Harlan

California Supreme Court
Phipps v. Harlan, 53 Cal. 87 (Cal. 1878)

Phipps v. Harlan

Opinion of the Court

By 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.