Ferl v. Ferl

Defendant-appellant has appealed from a money judgment in the sum of $81,637.25 entered against him after a consolidated trial of three civil complaints. At the beginning of his opening brief appellant states that the amount in dispute in this appeal is only $20,134.05 and that “the argument of appellant turns on whether or not the judgment, insofar as it contained the sum of $20,134.05, is within the pleadings.”

The record, which consists only of the clerk’s transcript, shows that on October 5, 1951, plaintiff-respondent filed a complaint against defendant-appellant for money lent in the…