Johnson v. Klein

Decided July 21, 1886

California Supreme Court · decided 1886-07-21

The action was brought to recover the proceeds of an execution sale of certain goods belonging to the assignor of the plaintiff, on the ground that the judgment under which the sale was made was obtained through the fraudulent collusion of the defendant and the assignor, and was in fraud of the creditors of the latter. The findings were that all and singular the averments of the complaint are true. The further facts are stated in the opinion of the court.

Good law ✅— No negative treatment on recordhow we know

Decided 1886-07-21

How this case has been cited

Cited by 18 later decisions — most recently November 1947

17 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ross, J.

¶1It 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 *187alleged 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.

¶2Judgment affirmed, with fifty dollars• damages.

¶3McKinstry, J., and Myrick, J., concurred.