Cravens v. Dewey (1860) · DecisionDepot

Cravens v. Dewey

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

California Supreme Court Jun 30, 1860 No. No. 2683Published

Before: Baldwin, Cope

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Holding. The court affirmed the judgment, finding that the defendant's answer failed to raise material issues and that the case was fairly presented to the jury.

Issues

Whether the defendant's answer sufficiently put the complaint's averments in issue.
Whether the trial court committed error prejudicial to the appellant.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The court put the case fairly to the jury, upon the simple proposition involved in the controversy.”

“The answer of the defendant is so equivocal as to put no material averment of the complaint in issue”

Synopsis

APPEAL from Fifteenth Judicial District, Plumas County.

BALDWIN, J. It would be a useless task-to go into the examination in detail of the numerous points made in this case by the appellants. Some of these points are frivolous and the others not sustained by the record or not good in law. The court put the case fairly to the jury, upon the simple proposition involved in the controversy. The answer of the defendant is so equivocal as to put no material averment of the complaint in issue, except, probably, the payment of the whole sum due on the contract. Justice seems to have [90]been done by the verdict, and no error committed to the prejudice of the appellant.

The judgment is affirmed.

I concur: Cope, J.

Cravens v. Dewey

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