Opinion
Department 1. Appeal from superior court, Calaveras county.
Action for claim and delivery. The verdict and judgment were not in the alternative form, but merely for plaintiff for the sum of $1,100, and interest.
COUNSEL
Wm. H. H. Hart, for appellant.
Ira H. Reed, for respondent.
OPINION
ROSS, J.
The action is claim and delivery. The judgment does not conform to the requirements of the statute in such cases, for which reason it must be reversed. Code Civil Proc. § 667; Berson v. Nunan, 63 Cal. 550. The verdict contains the same vice, for which reason a proper judgment could not be here ordered, assuming that none of the other points made by appellants are well taken. A new trial must therefore be ordered without reference to the other points.
Judgment and order reversed, and cause remanded for a new trial.
We concur: MYRICK, J.; McKINSTRY, J.