# Brown v. Johnson

> California Supreme Court · July 1, 1872 · 45 Cal. 76

URL: https://www.frixlaw.com/law-library/cases/5437871

## Case

- **Full name:** CHARLES BROWN v. THOMAS JOHNSON
- **Court:** California Supreme Court
- **Decided:** July 1, 1872
- **Citations:** 45 Cal. 76
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5437871

## Opinion text

By the Court:
If at the trial of this action (replevin) it had distinctly ap-. peared that the personal property in controversy- had been hopelessly lost or had been destroyed, so that a judgment for its delivery would be necessarily unavailing, a failure to render judgment for its possession (under Section 200 of the Practice Act) would, at most, be but a technical error or omission,■ and one for which we would not reverse the judgment. And in support of such judgment, where, as here, the record discloses nothing on the -point, we will intend that the facts actually appearing below were such as to warrant its rendition. •
Judgment affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5437871. Public record. Not legal advice.