Doane v. Barber

California Supreme Court

Doane v. Barber

9 P. 89, 2 Cal. Unrep. 597, 1885 Cal. LEXIS 855

CourtCalifornia Supreme Court

DecidedDecember 23, 1885

DocketNo. 9336

StatusPublished

This text of 9 P. 89 (Doane v. Barber) 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

Doane v. Barber, 9 P. 89, 2 Cal. Unrep. 597, 1885 Cal. LEXIS 855 (Cal. 1885).

Pincite

Opinion

ROSS, J.

It was contended on behalf of the plaintiff that the third, fourth, and fifth findings of fact, on which the judgment given below rests, are not within the issues made by the pleadings, and cannot, therefore, be regarded. But the pleadings put in issue the question of assessment or no assessment (San Francisco v. Eaton, 46 Cal. 100), and any fact or facts going to show that no valid assessment was ever levied were, therefore, within the issues made by the pleadings. Judgment affirmed.

We concur: McKee, J.; McKinstry, J.

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ROSS, J.

It was contended on behalf of the plaintiff that the third, fourth, and fifth findings of fact, on which the judgment given below rests, are not within the issues made by the pleadings, and cannot, therefore, be regarded. But the pleadings put in issue the question of assessment or no assessment (San Francisco v. Eaton, 46 Cal. 100), and any fact or facts going to show that no valid assessment was ever levied were, therefore, within the issues made by the pleadings. Judgment affirmed.

We concur: McKee, J.; McKinstry, J.

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Bluebook (online)

9 P. 89, 2 Cal. Unrep. 597, 1885 Cal. LEXIS 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doane-v-barber-cal-1885.

Opinion

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