gno.law

Doane v. Barber

California Supreme Court · No. 9336 · 1885-12-23 · Published · 2 Cal. Unrep. 597 · 9 P. 89 · 1885 Cal. LEXIS 855

DOANE v. BARBER

Area
civil
Panel
Ross (author)

Analysis

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Opinion — Ross

ROSS, J.

It was contended on behalf of the plaintiff that the third, fourth, and fifth findings of fact, on which the judgment given below rests, are not within the issues made by the pleadings, and cannot, therefore, be regarded. But the pleadings put in issue the question of assessment or no assessment (San Francisco v. Eaton, 46 Cal. 100), and any fact or facts going to show that no valid assessment was ever levied were, therefore, within the issues made by the pleadings. Judgment affirmed.

We concur: McKee, J.; McKinstry, J.

Cites, in this corpus