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Skillman v. Riley

Supreme Court of California
Oct 1, 1858
10 Cal. 300 (Cal. 1858)

Summary

In Rollins v. Forbes, 10 Cal. 300, where a default was taken, this authoritative declaration was made: "If the specific relief asked cannot be granted, such relief as the case stated in the bill authorizes may be had under the clause in the prayer for general relief; and even in the absence of such clause, where an answer is filed.

Summary of this case from Oliver v. Blair

Opinion

         Appeal from the District Court of the Fourteenth Judicial District, County of Nevada.

         COUNSEL:

         James Churchman, for Appellant.

          J. R. McConnell, for Respondent.


         JUDGES: Field, J., delivered the opinion of the Court. Terry, C. J., and Baldwin, J., concurring.

         OPINION

          FIELD, Judge

         The papers embodied in the transcript, purporting to be a statement, are subject to the objection taken in Marlow v. Marsh (9 Cal. 259). The draft prepared by the appellant, and the amendments proposed by the respondent, and allowed by the Judge who tried the cause, are not incorporated into one document, and in their separate form do not constitute such a statement as we will notice on appeal. This was expressly decided in the case cited, and in People v. Edwards (9 Cal. 291). The judgment-roll is, therefore, the only record properly before us, and this does not disclose any error in the action of the Court below.

         Judgment affirmed.


Summaries of

Skillman v. Riley

Supreme Court of California
Oct 1, 1858
10 Cal. 300 (Cal. 1858)

In Rollins v. Forbes, 10 Cal. 300, where a default was taken, this authoritative declaration was made: "If the specific relief asked cannot be granted, such relief as the case stated in the bill authorizes may be had under the clause in the prayer for general relief; and even in the absence of such clause, where an answer is filed.

Summary of this case from Oliver v. Blair
Case details for

Skillman v. Riley

Case Details

Full title:SKILLMAN v. RILEY

Court:Supreme Court of California

Date published: Oct 1, 1858

Citations

10 Cal. 300 (Cal. 1858)

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