Nevada County & Sacramento Canal Co. v. Kidd
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, Nevada County. The following was the original complaint in this action: “The plaintiff, a body corporate under the laws of the State of California, created on or about the 28th day of June, A. D. 1851, under the name and style of ‘ The South Yuba Mining and Sacramento Canal Company,’ but now exercising its functions and using the corporate name of the ‘ Nevada County and Sacramento Canal Company,’ by virtue of a…
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Appeal from the District Court, Fourteenth Judicial District, Nevada County. The following was the original complaint in this action: “The plaintiff, a body corporate under the laws of the State of California, created on or about the 28th day of June, A. D. 1851, under the name and style of ‘ The South Yuba Mining and Sacramento Canal Company,’ but now exercising its functions and using the corporate name of the ‘ Nevada County and Sacramento Canal Company,’ by virtue of a special Act of the Legislature of the said State of California, which was duly signed, and on the same day approved by…
1Opinion of the Court
By the Court,
Sanderson, C. J.
The motion to strike out certain portions of the amended complaint was made upon two grounds: first, because the same were irrelevant and redundant; and second, because they contained a cause or causes of action not embraced in the original complaint.
So far as the first ground is concerned, our examination must, be confined to the amended complaint, for it cannot be said that any matter contained in one pleading is irrelevant or redundant to a cause of action set out in another and differ*680ent pleading. It is obvious on inspection that the matter stricken from the…
Also in this document: Dissent; Concurrence.
2Cited by15 opinions
- Frost v. WitterCalifornia Supreme Court · 1901
- Marshall v. ShafterCalifornia Supreme Court · 1867
- Jerrett v. MahanNevada Supreme Court · 1888
- Carpentier v. GardinerCalifornia Supreme Court · 1865
- Woods v. CookCalifornia Court of Appeal · 1936
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