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· 2/7/1900

Wolfskill v. Douglas

Citations

  • 6 Cal. Unrep. 396
  • 59 P. 987

Syllabus

<p>Trial.—A Finding That All the Allegations of the complaint are true is sufficient to support a judgment, where the complaint states a good cause of action.</p> <p>Statute of Limitations—Findings.—Where a Complaint for Money had and received, filed July 1, 1895, alleged that the cause of action arose “on or about January, 1894,” a finding that all the allegations therein are true is an adverse finding on defendant’s plea of limitations.</p> <p>Statute of Frauds—Pleading.—A Mere Reference in a plea in bar to Civil Code, section 1624 (the statute of frauds), is insufficient as a plea of such statute.</p> <p>Appeal.—A Judgment Supported by Sufficient Findings will not be reversed because of existence of immaterial findings not within the issues.</p>

Judges: Gray

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