Summary
In Johnson v. Klein, 70 Cal. 186, the court said: "It has been so often held here that a finding that all the averments of the complaint are true is a sufficient finding of facts, that an appeal grounded on its alleged insufficiency must be held to have been taken for delay"; and in that case the judgment was affirmed, with damages.
Summary of this case from Gale v. BradburyOpinion
Department One
Appeal from a judgment of the Superior Court of Sacramento County.
COUNSEL:
Taylor & Holl, for Appellant.
Freeman, Johnson & Bates, for Respondent.
JUDGES: Ross, J. McKinstry, J., and Myrick, J., concurred.
OPINION
ROSS, Judge
It has been so often held here that a finding that all the averments of the complaint are true is a sufficient finding of facts that an appeal grounded on its alleged insufficiency must be held to have been taken for delay. The answer contained nothing but denials and an admission of matters alleged in the complaint, so that the finding that all of the allegations of the complaint are true necessarily covers all of the issues made by the pleadings.
Judgment affirmed, with fifty dollars damages.