Summary
In Rollins v. Forbes, 10 Cal. 300, where a default was taken, this authoritative declaration was made: "If the specific relief asked cannot be granted, such relief as the case stated in the bill authorizes may be had under the clause in the prayer for general relief; and even in the absence of such clause, where an answer is filed.
Summary of this case from Oliver v. BlairOpinion
Appeal from the District Court of the Fourteenth Judicial District, County of Nevada.
COUNSEL:
James Churchman, for Appellant.
J. R. McConnell, for Respondent.
JUDGES: Field, J., delivered the opinion of the Court. Terry, C. J., and Baldwin, J., concurring.
OPINION
FIELD, Judge
The papers embodied in the transcript, purporting to be a statement, are subject to the objection taken in Marlow v. Marsh (9 Cal. 259). The draft prepared by the appellant, and the amendments proposed by the respondent, and allowed by the Judge who tried the cause, are not incorporated into one document, and in their separate form do not constitute such a statement as we will notice on appeal. This was expressly decided in the case cited, and in People v. Edwards (9 Cal. 291). The judgment-roll is, therefore, the only record properly before us, and this does not disclose any error in the action of the Court below.
Judgment affirmed.