Lewis v. Myers (1853) · DecisionDepot

Lewis v. Myers

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Oct 15, 1853Published

Before: Heydenfeldt

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Holding. A judgment cannot be sustained when the findings of fact contradict the averments in the pleadings. The court held that a plaintiff cannot recover on a note when the evidence establishes the debt arose from a different cause of action, such as merchandise sold.

Issues

Whether a judgment can be supported by findings that contradict the pleadings.
Whether the allegata and probata must correspond in a civil action.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“There is no. plainer principle than that the allegata and prohate must correspond.”

“The finding is against the averments, and it follows that the latter cannot support the judgment.”

Synopsis

Where the declaration was upon a note, and there was but one count, and the court found that the note was never given, but that the indebtedness of defendant to plaintiff was for merchandise sold : Held, that the finding was against the averment, and could not support the judgment.

Heydenfeldt, Justice, delivered the opinion of the court. Murray, Chief Justice, concurred.

The declaration is upon a note, and there is but the one count.

The court finds that the note was never given, but that the amount of indebtedness from the defendant to plaintiffs, was for merchandise sold.

There is no. plainer principle than that the allegata and prohate must correspond.

The finding is against the averments, and it follows that the latter cannot support the judgment.

Judgment reversed, and cause remanded.

Lewis v. Myers

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