gno.law

Mahoney v. Alviso

California Supreme Court · No. 4781 · 1876-07-01 · Published · 51 Cal. 440 · 1876 Cal. LEXIS 76

ANTONIO L. MAHONEY and J. H. MAHONEY v. VALENTINE ALVISO, JOSEFA ALVISO and ISHAM CASE

Area
civil

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

By the Court:

It should have been stated in the complaint, if such were the fact, that the rents in controversy accrued subsequently *442to the entry of the decree in partition, for it is upon this proposition, in the main, that the right of the plaintiffs to those rents would rest. There is no such averment found in the complaint in direct terms; nor do its allegations, fairly construed, amount to such an averment.

Judgment affirmed.