Mulliken v. Asa Hull & Co.

Citations

• 5 Cal. 245
• 1855 Cal. LEXIS 97

Syllabus

<p>Under our system of pleading, it is only necessary that the cause of indebtedness should be stated in such a manner as to apprise the defendant of the object of the suit.</p> <p>The plaintiff alleged that “ Hull & Co.” were indebted to him, but failed to prove that there were others in company with Hull in the transaction. Held, that the words “ and Company” might be treated as surplusage, and the action proceed as against Hull alone.</p> <p>If a judgment entered be irregular, as embracing more parties than the testimony justifies, the proper practice is to move to correct the judgment in the Court below.</p>