Chuck v. Quan Wo Chong & Co. (1891) · DecisionDepot

Chuck v. Quan Wo Chong & Co.

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

California Supreme Court Nov 4, 1891 No. No. 13088Published

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Holding. The court affirmed the judgment because the complaint stated a cause of action, findings were presumed waived in the absence of a contrary record, and the relief granted did not exceed the demand.

Issues

Whether the complaint states a cause of action.
Whether the absence of findings in the record requires reversal.
Whether the judgment granted relief in excess of that demanded in the complaint.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The complaint states a cause of action.”

“We have to presume, in the absence of findings, that they were waived”

“the judgment does not grant any relief in excess of that which was demanded in the complaint.”

Synopsis

Appeal from a judgment of the Superior Court of the city and county of San Francisco.

The facts are stated in the opinion of the court.

The Court. This is an appeal from the judgment, and the case comes before us on the judgment roll alone.

The complaint states a cause of action. We have to presume, in the absence of findings, that they were waived, there being nothing in the record to show affirmatively that they were not waived, and the judgment does not grant any relief in excess of that which was demanded in the complaint.

The judgment is therefore affirmed.

Chuck v. Quan Wo Chong & Co.

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