
    (February 8, 1886.)
    MURPHY v. FULD et al.
    [9 Pac. 609.]
    Appeal — Insufficient Record — Affirmance.—Where the complaint will support the judgment, appellant must show error or judgment will be affirmed.
    Bruner, Parsons & Bruner and Hawley & Ruiek, for Appellants.
    The judgment must accord with, and be warranted by, the pleadings of the party in whose favor it is rendered. A judgment that is not supported by the pleadings is as fatally defective as one which is not sustained by the evidence. (Bach-man v. Sepulveda, 39 Cal. 688.) When a judgment is rendered upon the default of the defendant, the judgment must follow the prayer of the complaint. (Lowe v. Turner, 1 Idaho, 107.) If the wife has signed the mortgage alone, and not the bond, it will be erroneous to demand a personal judgment against her. (Gelhart v. Hadley, 19 Ind. 270.)
    A. F. Montandon, for Respondent.
    No bill of exceptions being in the record, nor any error assigned, the judgment or decree must stand unless the complaint will not support any judgment. (LamJcin v. Sterling, 1 Idaho, 120; Smith v. Sterling, 1 Idaho, 128; Diehl v. Hull, 1 Idaho, 352.) Any part of a description that may be disregarded and leave sufficient, to identify the land may be treated as surplusage. (Anderson v. Baughman, 7 Mich, 69, 74 Am. Dec. 699; Worthington v. Hylyer, 4 Mass. 205; Beck v. Mallams, 10 N. Y. 582.) The description in the decree is at least prima facie sufficient. (Whitney v. Buckman, 13 Cal. 536; De Leon v. Higuera, 15 Cal. 483; Hancock v. Watson, 18 Cal. 138.)
   HAYS, C. J.

This appeal is from the judgment. There is no bill of exceptions in the record. It nowhere appears in the transcript that defendant Bosa Fuld is married; hence the argument on that point cannot be considered. .We think the complaint will sustain the judgment.

Judgment affirmed.

Buck and Broderick, JJ., concurring.  