Jones v. Desmond

California Supreme Court

Jones v. Desmond

6 P. 420, 2 Cal. Unrep. 455

CourtCalifornia Supreme Court

DecidedMarch 26, 1885

DocketNo. 8602

StatusPublished

This text of 6 P. 420 (Jones v. Desmond) 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

Jones v. Desmond, 6 P. 420, 2 Cal. Unrep. 455 (Cal. 1885).

Pincite

Opinion

By the COURT.

The defendants allege and the court found that in the action of Brooks v. Swineford the plaintiff recovered a judgment for the sum demanded in his complaint. The allegation must be deemed to be denied by the plaintiff in this action; and it is assigned as error that the finding is not justified by the evidence. We are unable to find any evidence of the recovery of a judgment by the plaintiff in the action of Brooks v. Swineford. The finding is upon a material issue, and as there is no evidence to sustain it, there must be a new trial. No other material error is specified.

Judgment and order reversed.

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By the COURT.

The defendants allege and the court found that in the action of Brooks v. Swineford the plaintiff recovered a judgment for the sum demanded in his complaint. The allegation must be deemed to be denied by the plaintiff in this action; and it is assigned as error that the finding is not justified by the evidence. We are unable to find any evidence of the recovery of a judgment by the plaintiff in the action of Brooks v. Swineford. The finding is upon a material issue, and as there is no evidence to sustain it, there must be a new trial. No other material error is specified.

Judgment and order reversed.

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Bluebook (online)

6 P. 420, 2 Cal. Unrep. 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-desmond-cal-1885.