Flynn v. Travers , 1 Cal. Unrep. 27 ( 1856 )

TERRY, J.

— The allegations .of the complaint, which are none of them controverted by the answer, are abundantly sufficient to entitle plaintiff to recover. And as defendant offered no evidence in support of his plea of payment, judgment was properly entered against him.

Judgment affirmed, with costs, and twenty per cent damages for the frivolous appeal.

I concur: Murray, C. J.