Bradley v. Parker

Citations

• 4 Cal. Unrep. 250
• 34 P. 234
• 1893 Cal. LEXIS 1142

Syllabus

<p>Trial.—Where a Finding on One of the Issues involved is determinative of the case against plaintiffs, the failure of the court to find on defendant’s plea of the statute of limitations as to one of the plaintiffs is not prejudicial to such plaintiff.</p> <p>Pleading—Amendments.—Where the Complaint in an action for conversion describes plaintiffs as heirs of one B., which is merely matter of inducement, an amendment will not be allowed, after trial, so as to count on plaintiffs’ rights, as heirs of B., whose estate had not been administered on or distributed, to sue for conversion of property of which they had never been in possession, and which defendant had received under a contract to which plaintiffs were not parties, as such amendment would raise new issues, which would probably require a new trial.</p>