Gannon v. Dougherty

41 Cal. 661, 1871 Cal. LEXIS 153

Opinion

By the Court, Wallace, J.:

The demurrer was properly sustained; it did not appear that the counterclaims relied upon existed in favor of the defendants at the time of the commencement of the action.

There is nothing in the other points; the appeal is without merit, and the judgment is affirmed, with ten per cent damages.

Mr. Justice Crockett did not participate in the foregoing decision.