Clanton v. Coward

Citations

• 67 Cal. 373
• 7 P. 787
• 1885 Cal. LEXIS 648

Syllabus

<p>Practice—Verdict—Conflict of Evidence.—Where there is a substantial conflict in the evidence, a verdict will not he disturbed on the ground of insufficiency of the evidence to sustain it.</p> <p>Id__Power to Remit Excess.—The court may allow the plaintiff to remit from a verdict an excess over and above the amount demanded in the.eomplaint, and to take judgment accordingly.</p> <p>Suretyship—Reimbursement—Pleading. —In an action by a surety on a promissory note against Ms principal for reimbursement, the suretyship not appearing on the face of the note, a complaint which avers that the plaintiff signed the note as a surety only, and for the accommodation of the defendant, need not allege a request from the defendant to the plaintiff to pay the same.</p> <p>Appeal—Affidavit.—An affidavit which is not embodied in any statement or bill of exceptions cannot be considered on appeal.</p>