Legal Opinion

People v. Smith

California Supreme Court

Decided July 1, 1861PublishedCited by 2 opinions

Appeal from the Eleventh District. The case does not justify further statement of facts than appears in the syllabus. The demurrer below was that the complaint did not state facts sufficient. Overruled, and judgment for plaintiffs; defendants appeal.

1Opinion of the CourtBaldwin, J.

Cope, J. concurring.

The complaint in this case contains a good cause of action, and the demurrer was properly overruled. There is nothing to show that the defendant offered to appear by attorney, even if this would avail against the entry of forfeiture in the Court of Sessions. (People v. Wolf, 16 Cal. 385.)

Judgment affirmed.

2Cases cited1 opinion

  1. People v. WolfCalifornia Supreme Court · 1860

3Cited by2 opinions

  1. People v. De PelanconiCalifornia Supreme Court · 1883
  2. County of Wheatland v. VanMontana Supreme Court · 1922