Doyle v. Franklin

Citations

• 48 Cal. 537
• 1874 Cal. LEXIS 188

Syllabus

<p>Pleadings in Ejectment.—If a complaint in ejectment contains immaterial and irrelevant-allegations, which would be stricken out on motion, the defendant, in his answer, need not controvert them.</p> <p>Defense in Ejectment.— The defendant in ejectment need only defend against the material allegations in the complaint, that is, the allegations • material to constitute a complaint in ejectment.</p> <p>Bbview of alleged Eeboe admitting Evidence.—The alleged error of the Court below in admitting in evidence a judgment roll cannot be reviewed on appeal, unless the record contains the judgment roll, or a settled abstract of its contents.</p> <p>Pbesumftion that Judgment is Coebect.— All intendments, consistent with the record in the appellate Court, must be taken in support of the judgment.</p>