Johnson v. Klein

California Supreme Court
Johnson v. Klein, 70 Cal. 186 (Cal. 1886)
11 P. 606; 1886 Cal. LEXIS 755
Ross

Johnson v. Klein

Opinion of the Court

Ross, J.

It has been so often held here that a finding that all the averments of the complaint are true is a sufficient finding of facts that an appeal grounded on its *187alleged insufficiency must be held to have been taken for delay. The answer contained nothing but denials and an admission of matters alleged in' the complaint, so that the finding that all of the allegations of the complaint are true necessarily covers all of the issues made by the pleadings.

Judgment affirmed, with fifty dollars• damages.

McKinstry, J., and Myrick, J., concurred.

Reference

Full Case Name
ALBERT M. JOHNSON, Assignee of Jacob Kaerth, an Insolvent v. A. R. KLEIN
Cited By
19 cases
Status
Published
Syllabus
Pbactice — Findings — Sufficiency of. — A finding that all the averments of a complaint are true is a sufficient finding of facts, if the answer contains nothing but denials and an admission of matters alleged in the complaint.