Wise

Wise v. Wakefield

Good Law
118 Cal. 107·1897 Cal. LEXIS 742·50 P. 310
Supreme Court of CaliforniaSeptember 10, 1897Sac. No. 194California1,303 words

Opinion

Lead Opinion

Beitt, J.

1. Plaintiffs sued to recover a balance of eight hundred and thirteen dollars and forty-two cents alleged to be due them upon a mutual and open account with defendant. They obtained a verdict and judgment for the sum of two hundred and eight dollars and six cents only; afterward, their motion for new trial was denied. They urge here that the verdict was not justified by the evidence; but the only specification of insufficiency in that respect contained in the statement on motion for new trial was this: “The evidence was insufficient for the jury to find that plaintiffs were only entitled to judgment for the sum of two hundred and eight dollars and six cents”; which was to say no more than that the verdict should have been for a larger sum, and was really no specification at all. Appellants assert that the specification “is all it could be,” but we think they might at least have made it state, as they have stated in argument, what items of credit in their favor they deemed to be established without material conflict of evidence.

¾. Near the close of the trial, which had continued, it seems, some eight days, plaintiffs applied for leave to file an amended complaint setting forth in…

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