Miller v. Sharp

Citations

• 49 Cal. 233

Syllabus

<p>Cross-Complaint.—If the defendant answers the complaint, and also files a cross-complaint asking for affirmative relief, and both parties introduce evidence on the cause of action set forth in the complaint, and submit the cause to the Court, whether the defendant shall then be permitted to re-open the cause and introduce evidence in support of the cross-complaint, is a matter resting in the discretion of the Court.</p> <p>Idem.—The Appellate Court will not disturb the action of the Court below in the exercise of such discretion, unless it is incorrectly or improvidently exercised.</p> <p>Correcting Error in Foreclosure Suit.—If, after a sale under a decree of foreclosure, the sheriff reports a deficiency greater than exists, and the clerk dockets a judgment for the deficiency reported, the remedy of the party injured is by motion in the Court and action in which the foreclosure was had. He cannot, in a collateral action, question the validity of the proceedings in the foreclosure suit.</p>