McEwen v. Johnson
California Supreme Court
Appeal from the Superior Court of San Francisco. The plaintiffs in this case, creditors of one North, garnisheed the defendants, and under an order of Court, obtained for that purpose, brought this action, alleging that the defendants were indebted to North in the sum of about eleven hundred dollars at the time of the service of their garnishment, and praying judgment against them for the sum of four hundred and twenty-one dollars and seventy-five cents.
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Appeal from the Superior Court of San Francisco. The plaintiffs in this case, creditors of one North, garnisheed the defendants, and under an order of Court, obtained for that purpose, brought this action, alleging that the defendants were indebted to North in the sum of about eleven hundred dollars at the time of the service of their garnishment, and praying judgment against them for the sum of four hundred and twenty-one dollars and seventy-five cents. The answer of the defendants denied indebtednes to North at the time of the service of the garnishment, but averred that prior thereto, they…
1Opinion of the CourtBurnett, J.
It is objected, in this case, that the finding of the Court, sitting as a jury, was defective and insufficient. The finding was simply “ that the facts stated in the plaintiff's complaint are true,” and “that the facts stated in the defendants’ answer are not true.”
By the second subdivision of the thirty-ninth section of the Practice Act, the complaint must contain “ a statement of the facts constituting the cause of action,” and by the one hundred and eightieth section, the finding of the Court must contain a statement of “ the facts found.” Under these provisions, we think that the finding…
2Cited by9 opinions
- Swars v. Council of City of VallejoCalifornia Supreme Court · 1949
- Austin v. WilcoxsonCalifornia Supreme Court · 1906
- Bard v. KleebWashington Supreme Court · 1890
- Hihn v. PeckCalifornia Supreme Court · 1866
- Donohoe-Kelly Banking Co. v. Southern Pacific Co.California Supreme Court · 1902
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