Jeffreys v. Hancock
Synopsis
Cross Complaint.- In an action for work and labor, the defendant, by leave of the Court, filed a cross-complaint for damages from an excessive attachment levy on defendant’s property in the same action. Held, that such matter constituted no defense or counter-claim or matter of cross-complaint to plaintiff’s action.
The Court: This action was brought to recover the sum of $710, claimed by the plaintiff to be due him from defendant for services rendered, and for board paid by him under a contract with the defendant. The case was tried by a jury, and a verdict was rendered for the sum of $683.
Two points were made on the appeal: First, that the verdict [647]is not sustained by the evidence ; and, second, that the Court erred in striking out and excluding evidence under defendant’s cross-complaint.
In answer to the first point it is only necessary to say that there was sufficient evidence in support of plaintiff’s claim to justify the verdict; and so far as the cross-complaint is concerned, we need only remark that the matters therein contained constituted no defense or counter-claim (Code Civ. Proc. § 438), or matter of cross-complaint (Code Civ. Proc. § 442), to plaintiff’s action.
Judgment and order affirmed.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)