Elmore v. Elmore
California Supreme Court
Appeal from a judgment of the Superior Court of Stanislaus" County and from an order denying a new . trial. William 0. Minor, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFarland, J.
The court below rendered an ordinary money judgment in favor of the plaintiff and against the defendant for the sum of six thousand five hundred dollars, together with costs; and the defendant appealed from the judgment and from an order made denying his motion for a new trial.
We think that the judgment must be reversed and a *518new trial ordered, because neither the complaint nor the findings sustain the judgment entered; the cause of action, if any, established by the findings is wholly different from the one averred in the complaint; the allegata and the probata do not agree.
It is averred in…
2Cases cited9 opinions
- Chetwood v. California National BankCalifornia Supreme Court · 1896
- Mondran v. GouxCalifornia Supreme Court · 1875
- Abbey Homestead Ass'n v. WillardCalifornia Supreme Court · 1874
- Reed v. NortonCalifornia Supreme Court · 1893
- Johnson v. MossCalifornia Supreme Court · 1873
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3Cited by16 opinions
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- Baar v. SmithCalifornia Supreme Court · 1927
- Cain v. Gold Mountain Mining Co.Montana Supreme Court · 1903
- Von Goerlitz v. TurnerCalifornia Court of Appeal · 1944
- Batchelder v. HaxbyIndiana Court of Appeals · 1975
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