Hawley v. Kocher

Citations

• 123 Cal. 77
• 55 P. 696
• 1898 Cal. LEXIS 987

Syllabus

<p>Pleading—Obdbb Striking Out—Bill of Exceptions—Appeal.—An. ■ order striking o-ut parts of a pleading is not part of the judgment-roll, and can be reviewed upon appeal only upon a bill of exceptions. The fact that such order is deemed in law to-be excepted to, under section 647 of the Code of Civil Procedure, cannot dispense with the necessity of incorporating the order-in a bill of exceptions.</p> <p>Id.—Insufficient Recital in Judgment—Presumption.—A recital in the judgment that an order was duly given and made granting defendant’s motion to strike out certain portions of the amended complaint of the plaintiff, without stating any grounds of the motion, or what parts were stricken out, is insufficient to show an erroneous ruling; and, in the absence of such showing, the ruling must be presumed to have been correct.</p> <p>Claim and Delivery—Description oe Property—Certainty.—In an action of claim and delivery, to recover personal property, the complaint must describe the property with a reasonable degree of certainty to enable the defendant to make return thereof.</p> <p>Id.—Action by Assignee op Insolvent Debtor—Uncertain Description.—In an action by an assignee of an insolvent debtor to recover personal property transferred by the insolvent long before suit brought, a general description of the property as being “the greater part or portion” of a stock of merchandise in the store of such insolvent, followed by statements in gross of the value of numerous articles sold by him, without stating the quality, quantity, value, or price given to any particular kind of property named, and without averring where the property was at the time of the commencement of the suit, is bad for uncertainty, and is not sufficient to support the complaint as against a demurrer on that ground.</p>