Gannon v. Dougherty

Citations

• 41 Cal. 661
• 1871 Cal. LEXIS 153

Syllabus

<p>Counterclaim—Pleading Must Show Its Existence at Commencement oe Action.—Where an answer, in setting up counterclaims in the nature of a promissory note and work and labor, failed to show when the note was due or the work and labor performed: held, that it did not appear that the counterclaims relied on existed in favor of defendant at the commencement of the action, and that a demurrer on the ground of not stating facts sufficient to constitute counterclaims was properly sustained.</p> <p>Damages for Frivolous Appeal.—Where an appeal is clearly without merit, damages will be imposed by the appellate Court.</p>