Tuner & Dahnken v. Bauer
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. George E. Crothers, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtRichards, J.
This is an appeal by the defendant from a judgment in favor of the plaintiff, and is taken upon the judgment-roll alone.
The appellant contends that the court erred in overruling his demurrer to the plaintiff’s original complaint. The record discloses that at or after the trial the original complaint was superseded by an amended complaint, filed b3>- permission of the court in order to conform the plaintiff’s pleading to the proofs in the case. This being so the error, if any, of the court in not sustaining the defendant’s demurrer to the original complaint became immaterial, and will not be…
2Cases cited1 opinion
- Cox v. McLaughlinCalifornia Supreme Court · 1881
3Cited by10 opinions
- Doolittle v. McConnellCalifornia Supreme Court · 1918
- Cowell v. SnyderCalifornia Supreme Court · 1915
- Richardson v. Investment Co.Oregon Supreme Court · 1928
- Wardrobe v. MillerCalifornia Court of Appeal · 1921
- McCully v. GanoCalifornia Court of Appeal · 1931
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