Reynolds

San Pedro Lumber Co. v. Reynolds

Good Law
111 Cal. 588·1896 Cal. LEXIS 627·44 P. 309
Supreme Court of CaliforniaMarch 19, 1896No. 19585California2,856 words

Opinion

Lead Opinion

McFarland, J.

This is an appeal by defendants upon the judgment-roll from a judgment in favor of plaintiffs.

Whatever may appear to be the merits of the case on the appeal from an order denying a new trial—which we learn from counsel is on its way here—we do not see anything on the face of the judgment-roll which calls for a reversal. The pleadings and findings (and briefs) are quite voluminous; and it is contended by appellants that the complaint is fatally defective, and that the findings do not support the judgment. There was a demurrer to the complaint upon the ground, first, of want of a statement of facts sufficient to constitute a cause of action, and also upon the grounds that several causes of action have been improperly united, that the complaint is ambiguous, that it is unintelligible, and that it is uncertain; and upon the four latter grounds there are eighty-six specifications. It is impracticable to notice here all these matters in detail, and we will state only our general views as to the sufficiency of the complaint.

The complaint is quite lengthy and we will give only its substance. It is averred that the plaintiff, the San Pedro Lumber Company, was, during all the times…

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