Hite v. Mercantile Tr. Co. of S.F.
California Supreme Court
The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
In the court below, upon sustaining the demurrer of certain of the defendants to the amended complaint, judgment was given in favor of said defendants against the plaintiff. The plaintiff appeals.
We think the judgment is not to be construed as a judgment in favor of all the defendants, but only in favor of those whose demurrer to the complaint had been sustained as therein recited. Hence the objection that the judgment was in favor of the other defendants and was consequently irregular is without foundation.
The complaint states facts upon which the plaintiff seeks a decree vacating a judgment…
2Cases cited11 opinions
- Matteson v. WagonerCalifornia Supreme Court · 1905
- Kelley v. OwensCalifornia Supreme Court · 1898
- Kirschner v. DietrichCalifornia Supreme Court · 1895
- Westerfeld v. New York Life InsuranceCalifornia Supreme Court · 1900
- James v. JamesCalifornia Supreme Court · 1899
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3Cited by20 opinions
- Bennett v. Hibernia BankCalifornia Supreme Court · 1956
- Locke Paddon v. Locke PaddonCalifornia Supreme Court · 1924
- Estate of YoellCalifornia Supreme Court · 1913
- In Re Application of ReinegerCalifornia Supreme Court · 1920
- McCreadie v. ArquesCalifornia Court of Appeal · 1967
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