McDonald v. McConkey
California Supreme Court
Appeal from a judgment, and order dismissing a motion for a new trial, in the Third District Court, County of Alameda. McKee, J.
1Opinion of the Court
The Court:
Defendant filed an answer, and the relief granted to plaintiff by the judgment of the Court below was consistent with the case made by the complaint, and was embraced within the issues. (Code Civ. Proc. § 580.) The allegation of damages in each count of the complaint, with the exception of the words “ attorney’s fees,” is in the words of § 3336 of the Civil Code. The words “ attorney’s fees ” may be rejected as surplusage. The evidence is not before us, and it cannot be assumed that the jury included attorney’s fees in their verdict. The judgment should be affirmed.
The order…
2Cases cited1 opinion
- Calderwood v. PeyserCalifornia Supreme Court · 1871
3Cited by14 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Miller & Lux Inc. v. Enter. Canal & Land Co.California Supreme Court · 1915
- Hughes v. De MundCalifornia Supreme Court · 1924
- Greenbaum v. MartinezCalifornia Supreme Court · 1890
- Hays v. WindsorCalifornia Supreme Court · 1900
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