Althof v. Conheim
California Supreme Court
Appeal from the District Court of the Fifteenth District, City and County of San Francisco. The defendants demurred to plaintiff’s complaint, on the ground that it did not set forth facts sufficient to constitute a cause of, action. The wife demurred on the further ground, that she was improperly made a party to the suit. The demurrers were sustained, and the plaintiff declining to amend his complaint, final judgment was thereupon rendered for the defendants.
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Appeal from the District Court of the Fifteenth District, City and County of San Francisco. The defendants demurred to plaintiff’s complaint, on the ground that it did not set forth facts sufficient to constitute a cause of, action. The wife demurred on the further ground, that she was improperly made a party to the suit. The demurrers were sustained, and the plaintiff declining to amend his complaint, final judgment was thereupon rendered for the defendants. From which order and judgment the plaintiff appealed. The case is stated in the opinion.
1Opinion of the CourtCrockett, J.
The only point on this appeal is whether or not the demurrer to the complaint was properly sustained. It appears from the complaint' that the defendants are husband and wife; that the wife resided in San Francisco and carried on business in her own name, whilst the husband resided in another State; that the wife, desiring to purchase a lot in Oakland, borrowed of the plaintiff $520 in gold coin to enable *233her to make the purchase, and which was actually paid as part of the purchase money; that she took the deed in her own name ; that the husband afterwards arrived in this State, and he and his…
2Cases cited4 opinions
- People ex rel. Pierce v. MorrillCalifornia Supreme Court · 1864
- Maclay v. LoveCalifornia Supreme Court · 1864
- Rollins v. ForbesCalifornia Supreme Court · 1858
- Brown v. OrrCalifornia Supreme Court · 1865
3Cited by13 opinions
- Tolman v. SmithCalifornia Supreme Court · 1890
- In Re Estate of NiccollsCalifornia Supreme Court · 1912
- Hulsman v. IrelandCalifornia Supreme Court · 1928
- Hoffman v. Pacific Coast Construction Co.California Court of Appeal · 1918
- Dowdy v. ClausewitzSupreme Court of Oklahoma · 1961
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