Johnson v. Klein (1886) · DecisionDepot

Johnson v. Klein

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

California Supreme Court Jul 21, 1886 No. No. 11491Published

Before: Ross

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Holding. A trial court's finding that all averments in a complaint are true is legally sufficient when the defendant's answer consists only of denials and admissions of the complaint's allegations.

Issues

Whether a finding that all averments of a complaint are true constitutes a sufficient finding of facts.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“a finding that all the averments of the complaint are true is a sufficient finding of facts”

“the finding that all of the allegations of the complaint are true necessarily covers all of the issues made by the pleadings.”

Synopsis

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.

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 [187]alleged 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.

Johnson v. Klein

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