Ricks

Ricks v. Adorni

Good Law
1927 Cal. App. LEXIS 182·86 Cal. App. 284·260 P. 815
Court of Appeal of CaliforniaOctober 24, 1927Docket No. 3320.California1,088 words

Opinion

Lead Opinion

Finch, J.

Judgment was entered in favor of the plaintiff for the amount demanded in the complaint, and the defendant has appealed therefrom. The complaint alleges:

Appellant contends that the complaint does not state a cause of action. Complaints in substantially the same form have been so often held sufficient in this state that discussion of the question is deemed unnecessary.

In appellant’s brief it is said: “We hesitate to set forth all of the evidence given in the case but will set forth that testimony which we believe establishes the facts of the case by the great preponderance.” The evidence which is most favorable to the appellant is then quoted. This method of presenting an appellant’s case is ordinarily futile. The question on appeal is not whether there is sufficient evidence to warrant a judgment for the appellant, but whether the judgment rendered is substantially supported by the evidence.

It substantially appears from the evidence that Ted Regos held, under a lease from the plaintiff, certain rooms in a building on the premises described in the complaint, in which he conducted a restaurant known as the Liberty Cafe; that he became heavily indebted to various persons, of…

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