Widmer v. Martin
California Supreme Court
Appeal from a. judgment of the Superior Court of Fresno County. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFarland, J.
Defendant demurred to the complaint, and his demurrer was overruled. He then duly served and filed a verified answer, whereupon plaintiff moved for judgment upon the pleadings, and judgment was accordingly given for plaintiff upon the pleadings alone. From this judgment defendant appeals.
The practice of moving for judgment upon the pleadings in proper cases has been sanctioned by this court; but we think that in the case at bar the answer contained denials of material averments of the complaint, waiving the question of the sufficiency of the complaint itself.
The action is to compel defendant…
2Cited by7 opinions
- Summerville v. Stockton Milling Co.California Supreme Court · 1904
- Fritts v. CampCalifornia Supreme Court · 1892
- Norris v. LillyCalifornia Supreme Court · 1905
- Richards v. StewartSupreme Court of Colorado · 1912
- First National Bank of Sutton v. Sutton Mercantile Co.Nebraska Supreme Court · 1906
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