Gallardo v. Reed
California Supreme Court
Application to the Supreme Court for a writ of mandate. The plaintiff applied to the Supreme Court for a writ of mandate. He set forth, in his petition, that in November, 1866, he commenced an action in the District Court of the Sixteenth Judicial District, for the county of Inyo, (of which District the defendant was and is Judge) and that, in May, 1867, the Court sustained a demurrer to the complaint, and refused to allow him to amend his complaint.
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Application to the Supreme Court for a writ of mandate. The plaintiff applied to the Supreme Court for a writ of mandate. He set forth, in his petition, that in November, 1866, he commenced an action in the District Court of the Sixteenth Judicial District, for the county of Inyo, (of which District the defendant was and is Judge) and that, in May, 1867, the Court sustained a demurrer to the complaint, and refused to allow him to amend his complaint. That he had often requested the Judge and Court to render judgment one way or the other, but that no final judgment had been entered in the…
1Opinion of the Court
By the Court, Wallace, C. J.:
The parties seem to be at issue upon a mere point of form. The demurrer to the complaint was sustained, and *347the plaintiff’s application to amend was refused. This amounted to a final disposition of the cause, and it therefore became the duty of the Clerk, in the absence of special directions from the Judge, to enter the appropriate judgment in the records of the Court.
Mandamus denied.
Neither Mr. Justice Crockett nor Mr. Justice Rhodes expressed an opinion.
2Cited by4 opinions
- Lang v. Superior CourtCalifornia Supreme Court · 1886
- Le Breton v. Stanley Contracting Co.California Court of Appeal · 1911
- Litch v. KernsCalifornia Court of Appeal · 1908
- Sousa v. Capital Co.California Court of Appeal · 1963