Ladd v. Tully
California Supreme Court
Appeal from the District Court, Third Judicial District, City and County of San Francisco. The facts out of which this action arose are stated in the case of Meyer v. Tully (46 Cal. 70). The complaint in this case, after detailing all the facts of above case, averred that after the remittitur went down, the case was tried and judgment was rendered for the plaintiff; and that, while the appeal was pending, Tully & Durkin caused an execution to issue on the judgment, and…
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Appeal from the District Court, Third Judicial District, City and County of San Francisco. The facts out of which this action arose are stated in the case of Meyer v. Tully (46 Cal. 70). The complaint in this case, after detailing all the facts of above case, averred that after the remittitur went down, the case was tried and judgment was rendered for the plaintiff; and that, while the appeal was pending, Tully & Durkin caused an execution to issue on the judgment, and caused the sheriff to levy on and sell a large amount of personal property belonging to Meyer; and that Meyer had since died,…
1Opinion of the Court
By the Court, Crockett, J.:
The court finds, “That all the material facts set forth in the complaint are true,” and thereupon entered a judgment for the plaintiff. The finding is insufficient and will not support the judgment. While it is permissible in the findings to refer to a pleading, as for example, that a note or mortgage set forth in the complaint was executed by the party at the time therein alleged, yet in such cases “the reference should be distinct and pointed, so as to leave no doubt as to what particular facts are intended.” (Breeze v. Doyle, 19 Cal. 101.) In the same case it is…
2Cases cited2 opinions
- Breeze v. DoyleCalifornia Supreme Court · 1861
- Polhemus v. CarpenterCalifornia Supreme Court · 1871
3Cited by15 opinions
- American National Bank v. DonnellanCalifornia Supreme Court · 1915
- Holt Manufacturing Co. v. CollinsCalifornia Supreme Court · 1908
- Harlan v. ElyCalifornia Supreme Court · 1880
- Krug v. F. A. Lux Brewing Co.California Supreme Court · 1900
- Stampfli v. StampfliCalifornia Court of Appeal · 1921
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