Kullmann v. Greenebaum
Citations
- 84 Cal. 98
- 24 P. 49
- 1890 Cal. LEXIS 766
Syllabus
<p>Appeal — Modification of Judgment — Special Verdict—Pleadings.— A judgment for plaintiff will not be modified upon appeal so as to conform to a special verdict in his favor, if such special verdict is not supported by the complaint, and the proper judgment was entered in conformity to the cause of action stated in the complaint.</p> <p>Trover — Conversion of Shares of Stock — Disconnected Fraud — Execution against Person.—In an action for the conversion of shares of stock, where fraud is pleaded in reference to a matter of composition with defendants’ creditors, which is disconnected with the conversion of the stock, which is the subject of the action, though the jury may, under special issues submitted to them, find the defendants guilty of fraud, the court cannot properly direct process to issue against the persons of the defendants.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that appellant’s contention that the trial judge should have sua sponte recused himself from a contempt proceeding was waived because appellant did not file a motion to recuse
- holding that appellant’s contention that the trial judge should have sua sponte recused himself from a contempt proceeding was waived because appellant did not file a motion to recuse
- “It is undisputed that appellant did not file a motion to recuse [the judge] from the contempt proceedings. Since appellant did not timely file a motion for [the judge] to recuse himself, the matter of recusal is waived.” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Thornton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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