Smith v. Lawrence
California Supreme Court
Appeal from the. Twelfth District Court, City and County of San Francisco. Suit was commenced, in April, 1867, to .recover on two promissory notes, made in the early part of the year 1858, and payable immediately after their execution.
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Appeal from the. Twelfth District Court, City and County of San Francisco. Suit was commenced, in April, 1867, to .recover on two promissory notes, made in the early part of the year 1858, and payable immediately after their execution. After setting forth the cause of action, the complaint further alleges : That, shortly after the execution of the notes sued on, a contract was made, in writing, between one Parmelee and one Hammitt, by which Hammitt agreed with Parmelee to assume the payment, to the plaintiff, of the two notes due from the defendant to the plaintiff, on the confirmation of…
1Opinion of the CourtRhodes, J.
Judgment having been rendered for the defendant upon demurrer to the complaint, it will be convenient to consider the case upon the points made by the respondent.
First—The first point is, that no exception was taken by the plaintiff to the order sustaining the demurrer. When a party stands by a pleading, to which a demurrer is sustained, no exception to the decision is required. The office of an exception, reserved in the manner provided by the statute, is to cause the question of law, which was presented to and decided by the Court, to be made a matter of record, so that *28it may be…
2Cases cited1 opinion
- Bostwick v. McCorkleCalifornia Supreme Court · 1863
3Cited by18 opinions
- People v. MitchellCalifornia Supreme Court · 1946
- Wells, Fargo & Co. v. EnrightCalifornia Supreme Court · 1900
- State Loan & Trust Co. v. CochranCalifornia Supreme Court · 1900
- Grossblatt v. WrightCalifornia Court of Appeal · 1951
- Calistoga National Bank v. Calistoga Vineyard Co.California Court of Appeal · 1935
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