Sullivan v. Girson

• Decision Date: 17 June 1909
• Parties: SULLIVAN v. GIRSON et al.
• Court: Montana Supreme Court

39 Mont. 274

SULLIVAN
v.
GIRSON et al.

Supreme Court of Montana.

June 17, 1909.

Appeal from District Court, Silver Bow County; Geo. M. Bourquin, Judge.

Action by Sophia Sullivan against David G. Girson and another. From a judgment for plaintiff and an order denying a new trial, defendants appeal. Affirmed.

L. P. Forestell, for appellants. T. F. Nolan, for respondent.

BRANTLY, C. J.

Action in claim and delivery. The plaintiff seeks to recover the possession of one gold ring with Tiffany setting, containing two diamonds and one ruby, of the alleged value of $1,000. The pleadings present the usual issues as to title and right to possession in plaintiff, the wrongful detention by the defendants, and the value. Upon the evidence submitted upon these issues, the jury returned the following verdict: “We, the jury, find our verdict for the plaintiff and against the defendants. We find that Sophia Sullivan, the plaintiff, is the owner and entitled to the possession of the property in controversy, the ring. We find that the value of the ring is eight hundred and fifty dollars ($850). We find that the plaintiff has been damaged by the detention of the property by the defendants in the sum of no dollars.” Judgment was thereupon rendered and entered for plaintiff. Defendants have appealed from the judgment and an order denying them a new trial.

1. The first contention made is that the verdict is not sufficient to support the judgment, in that it does not respond to the material issue of wrongful detention by defendants. Counsel cites Glass v. Basin & Bay State Min. Co., 31 Mont. 21, 77 Pac. 302, as authority for the proposition that it was incumbent upon the plaintiff to allege and prove that at the commencement of the action the defendants wrongfully detained the possession of the property from her, and argues that, since the verdict does not specifically find on this issue, it is insufficient. There is no merit in the contention. It may be conceded, as counsel contends, that a mere finding that the plaintiff had the right of possession at the beginning of the action would not sustain a judgment for an unlawful detention; yet a general finding of the issues in plaintiff's favor includes all the issues, except that of value. The verdict here contains the general finding in favor of plaintiff, together with a finding of value. It conforms substantially with the requirements of section 6760 of the Revised Codes, and is amply sufficient to support the judgment. Miles v. Edsall, 7 Mont. 186, 14 Pac. 701.

2. It is said that the evidence is not sufficient to sustain the verdict, in that it fails to establish the fact that the defendants were in possession of the ring when the action was brought. Whatever may be the rule elsewhere, it is settled in...