Johnson v. Gallegos
Johnson v. Gallegos
Opinion of the Court
Had the court the right to make such supplemental findings? “A master in chancery is an officer appointed by the court to assist it in various proceedings incidental to the progress of a cause before it. * * * The information which he may communicate by his findings in,such cases, upon the evidence presented to him, is merely advisory to the court, which it may accept and act upon or disregard in whole or in part, according to its own judgment of the weight of the evidence.” Kimberly v. Arms, 129 U. S. 512; Beasy v. Gallagher, 20 Wal. 670, 680; Quinby v. Conlan, 104 U. S. 424; Bousch v. Graff, 133 U. S. 697. It is not, however, usual for the court to reject the report of a master and his findings upon the case re- , ferred to him, unless exceptions are taken and brought to its attention, and upon examination, the findings are found to be unsupported. Medsker v. Bonebruck, 108 U. S. 66; Tighlman v. Proctor, 125 U. S. 136: Callaghan v. Myers, 128 U. S. 617; First National Bank v. McClellan, 58 Pacific Reporter 347. In the case at bar, the court does not reject the report of the master but confirms it. It does not reject any findings made by the master, but only adds others to those found by him. In our opinion, if the court deems it to be in the interest of justice, it has the inherent power to make supplemental and additional findings to those found by its own officer, if such findings are supported by the evidence, so as to clear up any matter, or to set out more fully any circumstances which it deems to be necessary for the proper determination of the cause. To hold that a court can not correct, by means of supplemental findings, unless exceptions are filed, any errors or omissions which are in the report of a master, is not, in our opinion the law, nor have we been able, after an extended research, to find a single authority which denies to the court such power. We therefore hold that no error was committed by the court in making the supplemental findings complained of.
The judgments in the replevin cases provided that the cattle and horses were to be returned to. the sheriff of San Miguel county by the plaintiffs in the replevin suits by June 30, 1888, at Las Vegas in said county, and that in default of such return then the sheriff had judgment for the value of the property. It is proved that the sheriff waived the right to a return by June 30, 1888, and agreed to extend the time for such delivery until a roundup was had, and that on or about September 1, 1888, more than double the number of cattle and three more horses than those which had been replevied, were delivered to the sheriff by turning the same into his corral at Las Vegas. The evidence also shows, that executions in the replevin suits were not taken out until September 7, 1888, and that they were not delivered to the sheriff of San Miguel county until the tenth of the same month, which was after the livestock had been returned to him, consequently he did not levy the same until the property in question was in his possession. The redelivery of the personalty replevied before levy of execution where an alternative judgment is rendered, satisfies such judgment. Marks v. Willis (Oregon), 58 Pacific 526. It is immaterial whether the property was returned to the sheriff by the plaintiff in the replevin cases or by their sureties. The sureties have a right to make such return if they see fit, and thus discharge their obligation. Wells on Replevin, par. 429; Kimmel v. Kint, 2 Watts 432.
We see no error in the judgment complained of, and the same is therefore affirmed.
Reference
- Full Case Name
- JAMES T. JOHNSON v. MACARIO GALLEGOS
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- SYLLABUS BY THE COURT. 1. Trial Practice — Special Master — Additional Findings by Court. A court has the power, of its own motion, to make additional and supplemental findings to those made by a master, if such additional and supplemental findings are based on evidence, in order to clear up any matter, or to set out more fully any circumstances which it deems to be necessary for the proper determination of a case. 2. Replevin — Alternative Judgment — Failure to Elect and Effect Thereof. If in an action of replevin, an alternative judgment is given, and at the time of the rendition of such judgment no election is made to take the money value of the property recovered, the return of the property before a levy of execution, is a satisfaction of the judgment, and thereafter no proceedings can legally he had, for enforcing by execution the alternative judgment for the money.