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
¶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.