Dolliver v. Dolliver

Citations

• 94 Cal. 642
• 30 P. 4
• 1892 Cal. LEXIS 739

Syllabus

<p>Appeal — Findings — Support of Judgment.—Upon an appeal from a judgment taken upon the judgment roll alone, if the judgment is supported by the findings which are made, the failure of the court to make findings upon other issues presented by the pleadings is not a ground for reversal, unless it shall appear from the record that evidence was offered upon such issues in the trial court, and that a finding thereon from such evidence would countervail the findings actually made to such an extent as to invalidate the judgment. Nor does the fact that the court has made findings of fact which are not within the issues presented by the pleadings invalidate its judgment, if the judgment finds support in the findings which are within the issues, independent of such extraneous findings.</p> <p>Rescission of Contract — Settlement by Wife upon Husband — Want of Consideration — Undue Influence — Absence of Advice. — Where it properly appears from the pleadings and findings in an action to rescind a contract that the parties to the contract were husband and wife; that the plaintiff at the time of her marriage was the owner of certain real estate as her separate property; that the defendant afterward abandoned the plaintiff, who was suffering from nervous prostration, and on the evening of the day of his desertion, after leaving her, caused her to be served at her residence with a summons and copy of a complaint in a suit for divorce, brought by him against her; that the parties thereafter executed the contract sought to he set aside, by which the wife agreed to transfer a part of her property to him; that the transfer was executed without any pecuniary advantage to the wife, hut that the husband received great pecuniary advantage therefrom, and the consideration recited therein was untrue; that the suit for divorce had been brought by him as a means of coercing her into a surrender of part of her separate property> and for no other reason, and had the effect to aggravate her bo