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The Court. This is an appeal from the judgment, and the case comes before us on the judgment roll alone.
The complaint states a cause of action. We have to presume, in the absence of findings, that they were waived, there being nothing in the record to show affirmatively that they were not waived, and the judgment does not grant any relief in excess of that which was demanded in the complaint.
The judgment is therefore affirmed.
Document Info
Docket Number: No. 13088
Citation Numbers: 91 Cal. 592, 28 P. 44, 1891 Cal. LEXIS 1138
Filed Date: 11/4/1891
Precedential Status: Precedential
Modified Date: 11/2/2024