Fleming v. Albeck

Citations

• 67 Cal. 226
• 7 P. 659
• 1885 Cal. LEXIS 600

Syllabus

<p>Pleading—General Demurrer. — A general demurrer addressed to the whole of a complaint should be overruled if some portion of the complaint states a cause of action.</p> <p>Practice—Sbecification of Errors. — Where the specification of errors in a statement of the case on motion for a new trial does not comply with the statute, it will be disregarded on appeal; but if a particular error is sufficiently indicated, it will be considered, although the place where it is found is not correctly given, and it is not numbered to correspond with the specification.</p> <p>Libel—Evidence—Damage.—In an action for libel, where the complaint contains no averment of special damage, it is error to permit a witness to state his opinion as to the amount of damage the plaintiff has sustained.</p> <p>Id.—Part of Publication not Libelous Perse. — Where the alleged libel consists of two distinct parts, one of which is not libelous per se, this part should be distinguished from that which is libelous.</p>