Newland v. Hatch

BISHOP, J. pro tem.

We are aeked to reverse the judgment in this case not because it is claimed an injustice has been done, but because, it is argued, there has been an error in pleading and practice. The appellant, defendant Ella S. Hatch, takes the position that the court made findings on issues foreign to the pleadings, and that the judgment, from which she appeals, makes an adjudication upon a subject matter which the pleadings nowhere mention. Appellant’s criticisms are well taken, but in spite of them, we have concluded, the judgment should be affirmed, for the subject matter and issues,…