Douglas v. Dakin

Citations

• 46 Cal. 49

Syllabus

<p>Appeal fbom a Judgment without a Statement. — On an appeal from a judgment, where there is no bill of exceptions or statement, the Supreme Court will not consider the action of the Court below upon a motion to strikeout part of a pleading, or any other matter not appearing in the judgment roll.</p> <p>Identity of Pabties Pbesumed fbom Identity of Names. — Where William J. Douglas was plaintiff in an action for rent, and the defendant set up a judgment obtained in another Court against William J. Douglas without averring the identity: held, that the identity of the parties is to be presumed from the identity of names.</p> <p>Ambiguity and Uncebtainty in Pleading. — An answer, in an action against a tenant for unlawful detainer, which avers that a person, not a party to a suit, had formerly brought an action to quiet title to the demanded premises, and that such person was at the time in the actual possession of the premises, claiming title in fee thereto, is not ambiguous or uncertain.</p>