THOMAS v. SMITH (1934)

District Court of Appeal, Second District, Division 2, California.

THOMAS et al. v. SMITH et al.

Civ. 8857.

Decided: December 08, 1934

Paul Nourse, of Los Angeles (J. Howard Edgerton, of Los Angeles, of counsel), for appellants. Clyde C. Shoemaker, of Los Angeles (Winthrop O. Gordon, of Los Angeles, of counsel), for respondents.

Plaintiffs, husband and wife, sued for damages resulting from an automobile accident. The jury returned a verdict for William Thomas for $1,041 and a separate verdict for Winifred Thomas for $1,500. Separate judgments were thereupon entered for said amounts. Upon filing of cost bill defendants moved to strike it on the ground that each judgment was for less than $2,000. From order denying such motion, they appeal.

The two causes of action, to wit, that of the wife for personal injury and of the husband for consequential damage, were properly joined under section 427 of the Code of Civil Procedure. Appellants were not entitled as a matter of right to have the separate awards segregated in the verdict or judgment. Bock v. Hamilton Square Baptist Church, 219 Cal. 284, 26 P.(2d) 7. The fact that the trial court permitted such a divided verdict and judgment cannot operate to deprive plaintiffs of the costs to which they are entitled under section 1022 of the Code of Civil Procedure, since the total judgment was over $2,000 and was in excess of the jurisdiction of the municipal court.

Order affirmed.

SCOTT, Justice pro tem.

We concur: STEPHENS, P. J.; CRAIL, J.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network