Cassidy v. Cassidy
Cassidy v. Cassidy
Opinion of the Court
The defendant (appellant) demurred generally to the whole complaint. Appellant now claims there are two counts in the complaint, and that one is insufficient. There is but one count; but if there had been two, one being good, the general demurrer'would have been properly overruled.
One of the findings of the court below was “ all the material allegations of facts set forth in plaintiff’s complaint are sustained and proven by the evidence.” Such a finding does not uphold a judgment. We have no means of determining what the court below may deem “material” facts or averments. (Ladd v. Tully, 51 Cal. 277.) The finding with respect to “ extreme cruelty ” on the part of defendant is somewhat uncer
Judgment and order reversed and cause remanded for a new trial.
McKee, J., and Sharpstein, J., concurred.
Reference
- Full Case Name
- ANDREW CASSIDY v. MARY CASSIDY
- Cited By
- 7 cases
- Status
- Published