Klopper v. Levy

Citations

• 98 Cal. 525
• 33 P. 444
• 1893 Cal. LEXIS 953

Syllabus

<p>Pleading—Defective Denials in Answeb—Tbial without Objection—Appeal by Plaintiff—Objection not Allowed__Where an answer is defective in its denials, but a trial is had in all respects, and evidence taken as though it properly raised an issue, without any objection in the court below to the defective denials, plaintiff cannot object upon an appeal taken by him that the answer raised no issue.</p> <p>Obdeb Geanting New Tbial—Pbepondebance of Evidence—Substantial Conflict—Review upon Appeal__Where there is a substantial conflict in the evidence, the appellate court will not disturb an order of the court below granting a new trial, upon the ground that the verdict was against the preponderance of evidence. The rule prevailing in the appellate court does not apply to the judge of the trial court.</p>