Legal Opinion

Powell v. Lampton

California Court of Appeal

Decided December 20, 1938No. Civ. 6053PublishedCited by 4 opinions

1Opinion of the CourtThompson, J.

—The plaintiff has appealed from a judgment of dismissal of an action to quiet title to a fund of $3,348.52, which judgment was rendered after a general and special demurrer to the complaint had been sustained without leave to amend the pleading.

It is contended the court erred in sustaining the demurrer for the reason that the complaint does state a good cause of action to quiet title to personal property, and because the trial judge abused his discretion in failing to grant the plaintiff leave to amend the pleading. No application to amend the complaint was made by the plaintiff.

The…

2Cases cited8 opinions

  1. Bell v. Bank of CaliforniaCalifornia Supreme Court · 1908
  2. Buckley v. HoweCalifornia Supreme Court · 1890
  3. Aalwyn v. CobeCalifornia Supreme Court · 1914
  4. Galusha v. FraserCalifornia Supreme Court · 1918
  5. Smith v. CarlstonCalifornia Supreme Court · 1928

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Reed v. MolonyCalifornia Court of Appeal · 1940
  2. Hilton v. ReedCalifornia Court of Appeal · 1941
  3. Yasunaga v. StockburgerCalifornia Court of Appeal · 1941
  4. State Ex Rel. Walker v. Board of Com'rsMontana Supreme Court · 1947

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