Legal Opinion

Demartin v. Albert

California Supreme Court

Decided December 28, 1885No. 8546PublishedCited by 9 opinions

Appeal from a judgment of the Superior Court of Del Norte County. The facts are stated in the opinion of the court.

1Opinion of the CourtMcKee, J.

— In an action commenced by the plaintiff against the defendant in the court below to recover damages for injuries to personal property, the defendant filed an answer, which contained specific denials of the allegations of the complaint, and also a cross-complaint, which contained six several causes of action against the plaintiff for distinct trespasses committed on the defendant’s close.

To this cross-complaint the plaintiff demurred, generally on the ground of ambiguity and uncertainty, and specially: 1. That the statement of each cause of action was insufficient to constitute a cause of…

2Cases cited1 opinion

  1. Bernero v. South British & National InsuranceCalifornia Supreme Court · 1884

3Cited by9 opinions

  1. Erganian v. BrightmanCalifornia Court of Appeal · 1936
  2. Cabrera Viuda de Salazar v. MoralesSupreme Court of Puerto Rico · 1940
  3. John Wigmore v. BuellCalifornia Supreme Court · 1897
  4. Kirsch v. DerbyCalifornia Supreme Court · 1892
  5. Mahan v. MillarCalifornia Court of Appeal · 1922

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