Legal Opinion
Timm v. McCartney
California Court of Appeal
Decided September 23, 1935No. Civ. 10094PublishedCited by 10 opinions
1Opinion of the CourtCrail, P. J.
The plaintiff appeals from a judgment awarded defendant after the court had sustained an objection to the taking of any testimony upon the ground that the amended complaint did not state facts sufficient to constitute a cause of action. After sustaining the objection to the of evidence, the court forthwith granted judgment on the pleadings.
Under the circumstances the ruling of the court amounted in effect to the sustaining of a general demurrer without leave to amend, and it is appellant’s first contention that it was error for the court to sustain such objection since the same court by…
2Cases cited8 opinions
- De La Beckwith v. Superior CourtCalifornia Supreme Court · 1905
- Standard Livestock Co. v. PentzCalifornia Supreme Court · 1928
- Cohen v. A. F. A. Realty Corp.New York Court of Appeals · 1929
- McCormick v. MarcyCalifornia Supreme Court · 1913
- McCartney v. CampbellCalifornia Supreme Court · 1932
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. Ocean Shore Railroad, Inc.California Supreme Court · 1948
- City of Miami Beach v. PrevattSupreme Court of Florida · 1957
- Kelly v. LiddicoatCalifornia Court of Appeal · 1939
- Grimes v. CarterCalifornia Court of Appeal · 1966
- Frisco Land & Mining Co. v. State of CaliforniaCalifornia Court of Appeal · 1977
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