Richards v. Travelers' Insurance
Citations
- 80 Cal. 505
- 22 P. 939
- 1889 Cal. LEXIS 945
Syllabus
<p>Contract — Action on Life Insurance Policy— Pleading — Allegation of Non-payment Essential. — A complaint in an action to recover a sum of money due under a life insurance policy, which contains no allegation that the policy is unpaid, is fatally defective, and is not cured by a verdict in favor of the plaintiff.</p> <p>Pleading — Demurrer — Submission without Argument — Waiver. — The submission of a demurrer without argument is not a waiver of any objection raised thereby.</p> <p>Id. — Verdict does not Cure Entire Absence of Material Allegations. — The doctrine that a defective pleading may be cured by verdict has no application where there is an entire absence of a material allegation.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that trial counsel did not perform deficiently and was therefore not constitutionally ineffective by failing to request DNA testing of fecal matter found on the murder victim, because counsel reasonably determined that the testing “would not be helpful or exculpatory”
- holding defendant was not in custody at time of alleged invocation, and invocation of right to counsel was equivocal in any event
- stating that the “object, device, or instrument” language “is included in the phrase ‘deadly weapon’ when that phrase is used as a general reference to the aggravating circumstance in O.C.G.A. § 16-5-21(a)(2).”
- discussing Davis and the benefits of clear and easily applicable rules for law enforcement to follow
- discussing Davis and the benefits of clear and easily applicable rules for law enforcement to follow
- no showing of ineffective assistance where “counsel’s judgment and tactics were reasonable” in determining that alleged alibi witnesses were “unable to support an alibi defense”
Source: CourtListener parenthetical corpus (CC0).
Judges: Works
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