Hedges v. Dam
California Supreme Court
Appeal from a judgment of the Superior Court' of Yuba County. The action was brought by a tax-payer to recover the amount of certain illegal claims alleged to have been unlawfully allowed and ordered paid by three of the defendants, as members of the board of supervisors of Yuba County, out of the county treasury. The further facts are stated in the opinion of the court.
1Opinion of the CourtPaterson, J.
— 1. This action was commenced on the 31st of July, 1885. A demurrer was filed on August 11, 1885. Thereafter, and before the issue of law thus raised was heard, the court, on motion of counsel for defendants, allowed defendants to file an amended demurrer. The attorneys for plaintiff were served with a copy of the amended demurrer before the motion was made, and were present in court at the hearing. Section 472, Code of Civil Procedure, provides that “ any pleading may be amended once by the party of course, and without costs, at any time before answer or demurrer filed, or after demurrer…
2Cases cited5 opinions
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- People ex rel. Central Pacific Railroad v. Board of SupervisorsCalifornia Supreme Court · 1865
- Branham v. Mayor & Common CouncilCalifornia Supreme Court · 1864
- Smith v. LingCalifornia Supreme Court · 1885
- Triplett v. MunterCalifornia Supreme Court · 1875
3Cited by13 opinions
- Merrimon v. Paving Company.Supreme Court of North Carolina · 1906
- State Ex Rel. Westlake v. District Court of First Judicial District Ex Rel. Lewis & Clark CountyMontana Supreme Court · 1946
- Burlingame v. TraegerCalifornia Court of Appeal · 1929
- Kelly v. LeachmanIdaho Supreme Court · 1893
- Lightner v. Russell & Pugh Lumber Co.Idaho Supreme Court · 1932
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