Brown v. Weldon

California Supreme Court

Brown v. Weldon

12 P. 280, 71 Cal. 393, 1886 Cal. LEXIS 597

CourtCalifornia Supreme Court

DecidedDecember 9, 1886

DocketNo. 9606

StatusPublished

Cited by4 cases

This text of 12 P. 280 (Brown v. Weldon) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Weldon, 12 P. 280, 71 Cal. 393, 1886 Cal. LEXIS 597 (Cal. 1886).

Pincite

Opinion

McKinstry, J.

The complaint is inartificially and loosely drawn. But we do not think it fails to state a cause of action. Nor is it subject to demurrer as ambiguous or uncertain. But it so far departs from established precedents, and so nearly approaches the line which separates pleading which may be tolerated though not approved from pleading radically defective, that we refuse to treat this appeal as frivolous.

Defendant’s motion for a nonsuit was properly denied. The genuineness and due execution of the promissory note were admitted. (Code Civ. Proc., sec. 447.) Prima facie it was made when and where it bore date.

The findings are sufficient.

Judgment and order affirmed.

Myrick, J., and Thornton, J, concurred.

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