Sutter v. San Francisco
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The plaintiff, in his original complaint, deraigned title to his grantor, John A. Sutter, to a "lot of land, consisting of one undivided hundred varas square, in the City of San Francisco, through a grant made by Edwin Bryant, the Alcalde of San Francisco, on the 1st day of February, 1847. On motion of Horace Hastings, the City Attorney, this part of the complaint was stricken out,…
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The plaintiff, in his original complaint, deraigned title to his grantor, John A. Sutter, to a "lot of land, consisting of one undivided hundred varas square, in the City of San Francisco, through a grant made by Edwin Bryant, the Alcalde of San Francisco, on the 1st day of February, 1847. On motion of Horace Hastings, the City Attorney, this part of the complaint was stricken out, as irrelevant and redundant. The plaintiff, on leave, filed an amended complaint, omitting that part of the first…
1Opinion of the Court
By the Court, Sawyer, C. J. :
It is undoubtedly true that orders striking out immaterial portions of a pleading and orders sustaining demurrers are not appealable; and it is equally true that on„an appeal from a judgment,without a statement, no question can he determined that is not presented by the judgment roll; and since these propositions have been announced over and over again, times almost without number, we should suppose that by this time it would have been found out that an attempt to maintain the contrary in oral or printed arguments is a useless expenditure of labor and money.
It is,…
2Cases cited4 opinions
- Gates v. SalmonCalifornia Supreme Court · 1868
- Morenhout v. HigueraCalifornia Supreme Court · 1867
- Sharp v. DaugneyCalifornia Supreme Court · 1867
- De Uprey v. De UpreyCalifornia Supreme Court · 1865
3Cited by23 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- O'Hara v. Los Angeles County Flood Control DistrictCalifornia Supreme Court · 1941
- Boggess v. MeredithWest Virginia Supreme Court · 1879
- Maverick v. BurneyTexas Supreme Court · 1895
- Ferris v. Montgomery Land & Improvement Co.Supreme Court of Alabama · 1891
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