Legal Opinion

Litch v. Kerns

California Court of Appeal

Decided September 9, 1908No. Civ. No. 444PublishedCited by 8 opinions

APPEAL from an order of the Superior Court of Butte County sustaining a demurrer to the complaint. K. S. Mahon, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtBurnett, J.

The record shows that “The demurrer to the second amended complaint was duly argued by respective counsel, and after due consideration by the court it is ordered that said demurrer be and the same is hereby sustained. To which ruling counsel for plaintiff then and there duly excepted.”

The notice of appeal specifies that “The plaintiffs hereby appeal . . . from the order of the aforesaid Superior Court . . . in sustaining the demurrer of defendants to the said plaintiffs ’ complaint. ’ ’

It does not appear that plaintiffs ever applied to the court for permission to file another amended…

2Cases cited4 opinions

  1. Goldtree v. SpreckelsCalifornia Supreme Court · 1902
  2. Ashley v. OlmsteadCalifornia Supreme Court · 1880
  3. Hibberd v. SmithCalifornia Supreme Court · 1870
  4. Gallardo v. ReedCalifornia Supreme Court · 1874

3Cited by8 opinions

  1. Jeffers v. Screen Extras Guild, Inc.California Court of Appeal · 1951
  2. Shook v. PearsonCalifornia Court of Appeal · 1950
  3. Erganian v. BrightmanCalifornia Court of Appeal · 1936
  4. Hanke v. McLaughlinCalifornia Court of Appeal · 1912
  5. Sousa v. Capital Co.California Court of Appeal · 1963

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