Johnson v. Klein

California Supreme Court

Johnson v. Klein

11 P. 606, 70 Cal. 186, 1886 Cal. LEXIS 755

CourtCalifornia Supreme Court

DecidedJuly 21, 1886

DocketNo. 11491

StatusPublished

Cited by19 cases

This text of 11 P. 606 (Johnson v. Klein) 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

Johnson v. Klein, 11 P. 606, 70 Cal. 186, 1886 Cal. LEXIS 755 (Cal. 1886).

Pincite

Opinion

Ross, J.

It has been so often held here that a finding that all the averments of the complaint are true is a sufficient finding of facts that an appeal grounded on its [187]*187alleged insufficiency must be held to have been taken for delay. The answer contained nothing but denials and an admission of matters alleged in' the complaint, so that the finding that all of the allegations of the complaint are true necessarily covers all of the issues made by the pleadings.

Judgment affirmed, with fifty dollars• damages.

McKinstry, J., and Myrick, J., concurred.

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Ross, J.

It has been so often held here that a finding that all the averments of the complaint are true is a sufficient finding of facts that an appeal grounded on its [187]*187alleged insufficiency must be held to have been taken for delay. The answer contained nothing but denials and an admission of matters alleged in' the complaint, so that the finding that all of the allegations of the complaint are true necessarily covers all of the issues made by the pleadings.

Judgment affirmed, with fifty dollars• damages.

McKinstry, J., and Myrick, J., concurred.

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Bluebook (online)

11 P. 606, 70 Cal. 186, 1886 Cal. LEXIS 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-klein-cal-1886.

Opinion

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