Lewis v. Myers

California Supreme Court

Lewis v. Myers

3 Cal. 475

CourtCalifornia Supreme Court

DecidedOctober 15, 1853

StatusPublished

Cited by1 cases

This text of 3 Cal. 475 (Lewis v. Myers) 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

Lewis v. Myers, 3 Cal. 475 (Cal. 1853).

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Opinion

Heydenfeldt, Justice,

delivered the opinion of the court. Murray, Chief Justice, concurred.

The declaration is upon a note, and there is but the one count.

The court finds that the note was never given, but that the amount of indebtedness from the defendant to plaintiffs, was for merchandise sold.

There is no. plainer principle than that the allegata and prohate must correspond.

The finding is against the averments, and it follows that the latter cannot support the judgment.

Judgment reversed, and cause remanded.

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Heydenfeldt, Justice,

delivered the opinion of the court. Murray, Chief Justice, concurred.

The declaration is upon a note, and there is but the one count.

The court finds that the note was never given, but that the amount of indebtedness from the defendant to plaintiffs, was for merchandise sold.

There is no. plainer principle than that the allegata and prohate must correspond.

The finding is against the averments, and it follows that the latter cannot support the judgment.

Judgment reversed, and cause remanded.

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Bluebook (online)

3 Cal. 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-myers-cal-1853.

Opinion

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