Brown v. Brown

Full title: BROWN, Respondent, v. BROWN and GROVES, Appellants

Court: Supreme Court of California

Date published: Apr 1, 1853

3 Cal. 111 (Cal. 1853)

Opinion

3 Cal. 111 BROWN, Respondent, v. BROWN and GROVES, Appellants Supreme Court of California April, 1853

         Appeal from the Superior Court of San Francisco.

         This was an action brought by the plaintiff to recover of defendants two promissory notes, set forth in the complaint. One of defendants, Brown, made default, and judgment was entered against him accordingly; the other, Groves, went on to trial; but as the cause went off on grounds distinct from the facts of the case, a further report of them is deemed unnecessary.

         JUDGES: The opinion of the Court was delivered by Murray, Chief Justice.

         OPINION

          MURRAY, Judge

         This cause comes within the rule laid down by us in Russel v. Armador, ¹ 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.

1 2 Cal. 305.

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