Merritt v. Wilcox

Citations

• 52 Cal. 238

Syllabus

<p>Verbal Stipulation of an Attorney.—An attorney cannot bind his client by a verbal stipulation, made during the progress of a trial, and not entered on the minutes, to waive Ms rights under an issue made in the pleadings. Idem.—If, in an action to recover money, the complaint alleges and the answer denies that it was payable in gold coin, the attorney for the defendant cannot bind his client by a verbal stipulation made during the progress of the trial, and not entered on the minutes, to allow the plaintiff, if he recover, to have judgment in gold coin.</p> <p>What a General Verdict Imports.—A general verdict in favor of the plaintiff imports a finding in Ills favor upon all the allegations of the complaint material to his recovery; but it does not import a iinding in Ills favor upon an issue as to whether money sued for was payable in gold coin.</p>