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2 Idaho 175

Murphy v. Fuld

Idaho Supreme Court

Decided February 8, 1886

Idaho Supreme Court · decided 1886-02-08

The judgment must accord with, and be warranted by, the pleadings of the party in whose favor it is rendered. A judgment that is not supported by the pleadings is as fatally defective as one which is not sustained by the evidence. (Bach-man v. Sepulveda, 39 Cal. 688.) When a judgment is rendered upon the default of the defendant, the judgment must follow the prayer of the complaint.

Cited by 1 later decisions — most recently November 1975

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-02-08

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HAYS, C. J.

¶1This appeal is from the judgment. There is no bill of exceptions in the record. It nowhere appears in the transcript that defendant Bosa Fuld is married; hence the argument on that point cannot be considered. .We think the complaint will sustain the judgment.

¶2Judgment affirmed.

Buck and Broderick, JJ., concurring.
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