Felch v. Beaudry
California Supreme Court
Appeal from the District Court of the Seventeenth District, Los Angeles County. Action brought to recover a sum of money claimed to be due plaintiff upon a certain contract. Plaintiff demurred to the answer, and the demurrer was overruled. He then moved the Court for judgment on the pleadings which motion was sustained, and judgment ordered accordingly. Defendant then moved the Court for leave to file an amended answer.
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Appeal from the District Court of the Seventeenth District, Los Angeles County. Action brought to recover a sum of money claimed to be due plaintiff upon a certain contract. Plaintiff demurred to the answer, and the demurrer was overruled. He then moved the Court for judgment on the pleadings which motion was sustained, and judgment ordered accordingly. Defendant then moved the Court for leave to file an amended answer. The motion was denied, as was also a motion to set aside the judgment. This appeal is taken from the judgment and from the said orders. The other facts-are stated in the…
1Opinion of the CourtWallace, J.
Khodes, C. J., and Temple, J., concurring:
The plaintiff obtained judgment on the pleadings in the Court below.
It is objected here that the practice prevailing in our Courts does not permit a judgment to be entered on the pleadings. If a complaint be itself sufficient, there is no question that the plaintiff may apply for judgment on the pleadings, if the defendant has filed an answer which expressly admits the material facts stated in the complaint; and so when the answer filed leaves all the material allegations of the complaint undenied; this practice is constantly pursued, when denials in…
2Cited by21 opinions
- Berry and Berry v. BartonSupreme Court of Oklahoma · 1902
- San Diego Trust & Savings Bank v. HeustisCalifornia Court of Appeal · 1932
- Miami Bridge Co. v. Miami Beach Railway Co.Supreme Court of Florida · 1943
- Loveland v. GarnerCalifornia Supreme Court · 1887
- Prichard v. KimballCalifornia Supreme Court · 1923
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