Nave

Nave v. Graham

Caution
1918 Cal. App. LEXIS 244·37 Cal. App. 332·174 P. 76
Court of Appeal of CaliforniaMay 22, 1918Civ. No. 2274.California881 words

Opinion

Lead Opinion

James, J.

Action for damages alleged to have been suffered by reason of slanderous statements made by the defendant Mary Graham. Judgment was for the defendants. The appeal purports to be taken both from the judgment and from an order denying to plaintiff a new trial. The appeal from the order is unauthorized by the code (Code Civ. Proc., sec. 963), although all the questions sought to be presented thereunder are proper to be considered on the appeal from the judgment. It is stated in the brief of appellant that the action was brought to recover damages because of false and malicious statements made by defendant Mary Graham concerning the condition of a dwelling-house owned by the plaintiff, by reason of which statements plaintiff was prevented from finding a tenant for the house.

Appellant first complains that the court erred in refusing to strike out portions of the answer. Also in refusing to sustain a demurrer interposed to the answer. The appeal is presented under the alternative scheme, a choice of method which requires the parties to print in their briefs the portions of the record to which they desire to call the court’s attention. Many members of the bar, in presenting typewritten…

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