Holland v. McDade

Citations

• 125 Cal. 353
• 58 P. 9
• 1899 Cal. LEXIS 862

Syllabus

<p>Appeal—Order Denying New Trial—Stay of Execution— Oas® Affirmed.—Upon an appeal from an order denying a new trial in an action for the recovery of money, the reversal of the order would necessarily set aside the judgment; and the giving of a bond in double the amount of the judgment operates as a stay of execution pending such appeal. Fulton v. Hanna, 40 Cal. 278, affirmed.</p> <p>Pleading—Demurrer for Uncertainty—Bevtew upon Appeal— Error without Prejudice.—Error in the overruling of a demurrer to a complaint for uncertainty is not ground for reversal of a judgment, where no substantial injury appears; and where it appears that the rights of the defendant could have been fully protected at the trial by objection to evidence, notwithstanding the uncertainty of the complaint, any error in the overruling of a demurrer for such uncertainty is without prejudice.</p> <p>Id.—Action Against Sheriff—Levy under Execution—Stay Bond—Uncertainty of Complaint—Objection to Evidence.— In an action to recover damages for the refusal of a sheriff to release property levied upon under execution, where a stay bond was given upon appeal, error in overruling a demurrer to the complaint for uncertainty as to whether the damages claimed included damages resulting from the levy prior to the stay bond, is without prejudice, as it appears that the defendant might have protected his rights by objecting to the introduction of any evidence as to such prior damages.</p>