Himmelmann v. Spanagel
California Supreme Court
Appeal from the District Court of the Fourth District, City and County of San Francisco. The appellants were sued jointly with other persons. The other facts are stated in the opinion.
1Opinion of the Court
Rhodes, C. J.,
delivered the. opinion of the Court:
The appellants, Roper and Reay, entered their appearance in the action, and not having demurred or answered, their default was entered. Their objections to the complaint go to the sufficiency of the statement of the facts, but not to the sufficiency of the facts themselves, and cannot be entertained unless presented by special demurrer. Their default amounting to an admission of the facts stated in the complaint, there was no issue as between them and the plaintiff. They are, therefore, unaffected by the findings, and have no cause to complain…
2Cited by4 opinions
- Mullally v. TownsendCalifornia Supreme Court · 1897
- Tehama County v. BryanCalifornia Supreme Court · 1885
- Madison v. Octave Oil Co.California Supreme Court · 1908
- The Union Ice Co. v. DoyleCalifornia Court of Appeal · 1907