Nelson v. Highland
California Supreme Court
Appeal from the First District. Complaint avers that “ Thomas Nelson and-Doble, whose Christian name is unknown, partners doing business under the firm, name, and style, of Nelson & Doble,” etc. Demurrer, on the ground that the complaint does not state facts sufficient to constitute a cause of action, and that there is a defect of parties plaintiff in this—that the Christian name of plaintiff, Doble, is not given.
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Appeal from the First District. Complaint avers that “ Thomas Nelson and-Doble, whose Christian name is unknown, partners doing business under the firm, name, and style, of Nelson & Doble,” etc. Demurrer, on the ground that the complaint does not state facts sufficient to constitute a cause of action, and that there is a defect of parties plaintiff in this—that the Christian name of plaintiff, Doble, is not given. Demurrer sustained; plaintiffs refuse to amend; judgment final, dismissing the complaint; plaintiffs appeal.
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
We do not think it was a good ground of demurrer that the Christian name of one of the plaintiffs does not appear in the record. We cannot judicially know that one of the plaintiffs had either a Christian or heathen name, or that it is necessarily untrue that he has forgotten it if he had.
Judgment reversed and cause remanded.
2Cited by3 opinions
- Meads, Seaman & Co. v. LasarCalifornia Supreme Court · 1891
- Stever v. BrownMichigan Supreme Court · 1899
- Wiebbold v. HermannMontana Supreme Court · 1877