Smith v. Yreka Water Co.

The defendants demurred to the complaint, and the demurrer was sustained, and the plaintiff's bill dismissed. It is not seriously contended that the Court erred in sustaining the demurrer; but it is urged that the Court erred in giving final judgment against the plaintiff. No offer was made by the plaintiff *202to amend after the sustaining of the demurrer. The ease of Gallaher v. Delaney, (10 Cal. 400,) is relied on by the Appellant. But that case depended on its own particular circumstances, which do not appear in the report, and the general language there used is to be taken in connection with…