Savings Bank of San Diego County v. Burns
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County. The facts are stated in the opinion. The complaint is insufficient as the note and mortgage is not pleaded in hsec verba, but is merely attached to the complaint as an exhibit.
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Appeal from a judgment of the Superior Court of San Diego County. The facts are stated in the opinion. The complaint is insufficient as the note and mortgage is not pleaded in hsec verba, but is merely attached to the complaint as an exhibit. It should have been expressly made a part of the pleading. {Joseph v. Holt, 37 Cal. 253; Stoddard v. Treadwell, 26 Cal. 302, 303; Boone on Code Pleading, sec. 26, note 2.) Matters of substance, necessary to be alleged in complaint, cannot be omitted and the defect supplied by reference to an exhibit attached to the complaint. (Los Angeles v. Sig-noret,…
1Opinion of the Court
Belcher, C.
This is an action to foreclose a mortgage. The defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action, and the demurrer was overruled. She then answered, setting up that the plaintiff had not complied with the requirements of the act of April 1, 1876, “concerning corporations and persons engaged in the business of banking,” aud also that in making the loan referred to in the pleadings plaintiff had violated section 578 of the Civil Code. The plaintiff demurred to the answer, and the demurrer was sustained, and…
2Cases cited4 opinions
- Myer v. Car Co.Supreme Court of the United States · 1880
- Babcock v. GoodrichCalifornia Supreme Court · 1874
- Ward v. ClayCalifornia Supreme Court · 1890
- First Natl. Bank of San Luis Obispo v. HendersonCalifornia Supreme Court · 1894
3Cited by20 opinions
- Smith v. BachCalifornia Supreme Court · 1920
- Brittan v. Oakland Bank of SavingsCalifornia Supreme Court · 1899
- Long v. ShepardSupreme Court of Oklahoma · 1913
- Hedlund v. Sutter Medical Service Co.California Court of Appeal · 1942
- Buhrer v. BaldwinMichigan Supreme Court · 1904
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