Jackisch v. Quine

Garrigues, J.,

after stating the facts as above:

Numerous questions are presented and argued in the briefs, two of which only, will be considered.

1. The ruling of the court in sustaining defendant’s motion for judgment on the pleadings was erroneous, for the reason that the document filed under the name of a “Motion for judgment on the pleadings,” was a general demurrer to the complaint. We have often held that the right to cure a defective complaint, if any defect exists, by amendment cannot be cut off by converting a motion of this kind into a general demurrer. Such a motion by defendant…