Legal Opinion

Hadsall v. Case

California Court of Appeal

Decided March 4, 1911No. Civ. No. 927PublishedCited by 6 opinions

APPEAL from an order of the Superior Court of Orange County sustaining demurrers to a complaint in intervention. Z. B. West, Judge.

1Opinion of the CourtShaw, J.

By leave of court, Michael M. Fernandez filed his complaint in intervention in the above-entitled action. A demurrer interposed thereto was sustained; whereupon, within the time granted for so doing, he filed 'an amended complaint in intervention, to which both plaintiff and defendants interposed demurrers. The several demurrers were sustained without leave to amend, and the purported appeal is from the order sustaining the demurrers.

An appeal does not lie from an order sustaining a demurrer, but such ruling may be reviewed on an appeal from the judgment. (Code Civ. Proc., sec. 939; Ashley v.…

2Cases cited2 opinions

  1. Agard v. ValenciaCalifornia Supreme Court · 1870
  2. Ashley v. OlmsteadCalifornia Supreme Court · 1880

3Cited by6 opinions

  1. Timberidge Enterprises, Inc. v. City of Santa RosaCalifornia Court of Appeal · 1978
  2. State Bank v. SchultzeMontana Supreme Court · 1922
  3. Commercial Block Realty Co. v. United States Fidelity & Guaranty Co.Utah Supreme Court · 1934
  4. City of Napa v. MaxwellCalifornia Court of Appeal · 1918
  5. Baldwin v. WallsCalifornia Court of Appeal · 1913

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