Lawrence v. Getchel (1884) · DecisionDepot

Lawrence v. Getchel

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

California Supreme Court Aug 26, 1884 No. No. 9093Published

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Holding. The court held that plaintiffs were not entitled to costs or injunctive relief because the complaint failed to allege that the defendant asserted a claim to the property and the pleadings did not warrant the relief granted.

Issues

Whether the plaintiffs were entitled to recover costs and disbursements after the court found against them on the cause of action.
Whether the plaintiffs were entitled to an injunction restraining the defendant from asserting a claim to property not alleged to be in dispute.

Disposition. Remanded with directions to modify the judgment.

Quotations verified verbatim against the opinion

“It is a cardinal rule that the pleadings of a party to whom relief is granted must be sufficient to warrant the relief.”

“The plaintiffs were not therefore entitled to recover of the defendant any costs or disbursements incurred in the action.”

Synopsis

Costs.—Where the Issue is Found Against the Plaintiffs they are not entitled to recover any costs or disbursements incurred in the action.

Injunction.—The Pleadings of a Party to Whom Belief is Granted must be Sufficient to warrant the relief. Where plaintiff, therefore, does not allege that defendant asserts any claim to his property, he is not entitled to a judgment restraining defendant from asserting such a claim.1

By the COURT. The plaintiffs’ complaint can only be construed as one to obtain an injunction restraining the defendant from the commission of the acts complained of. Upon the cause of action, and the only cause of action set forth in the complaint, the court below found against the plaintiffs. The plaintiffs were not therefore entitled to recover of the defendant any costs or disbursements incurred in the action. Nor, under the pleadings, were the plaintiffs entitled to judgment restraining the defendant from asserting a claim to any part of the property described in the complaint; for the plaintiffs nowhere allege that the defendant asserts any such claim. It is a cardinal rule that the pleadings of a party to whom relief is granted must be sufficient to warrant the relief.

Cause remanded, with directions to the court below to modify the judgment in accordance with the views here expressed.

I concur in the judgment: McKee, J.

Lawrence v. Getchel

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