Smart v. Valencia

I concur in the order of affirmance and substantially in the reasoning of the foregoing opinion, but wish briefly to state my views. It appears from the record that the case was tried in the lower court by both parties, upon the theory that the complaint alleged an indebtedness in the amount demanded, and the clerical error did not mislead the defendants in the least degree. Upon or after the argument of defendants' motion for a new trial, the clerical mistake now complained of was pointed out. The court denied the motion for a new trial, and, upon the showing made by the plaintiff, entered…