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· 7/1/1860

Stuart v. Lander

Citations

  • 16 Cal. 372

Syllabus

<p>Pleadings in Justices' Courts construed with great liberality, and if the facts stated be sufficient to show the nature of the claim or defense, nothing further is required. To reverse a judgment had in such Courts for defects in the complaint, the defects should he such as were calculated to mislead the adverse party.</p> <p>An action will lie on a judgment obtained in a Justice's Court in this State, even when the time within which an execution could be issued on such judgment has expired.</p> <p>A judgment is a contract within the sixty-seventh section of the Act concerning Courts of Justice and Judicial Officers.</p> <p>It is not error for a Court to refuse permission to set up the Statute of Limitations after answering to the merits.</p>

Judges: Cope

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