Evinger v. Moran
California Court of Appeal
APPEAL from a judgment of the Superior Court of Kern County. J. W. Mahon, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtAllen, P. J.
The controlling question involved upon this appeal relates to the sufficiency of an amended answer filed by defendant pending the hearing of a motion for judgment upon the pleadings. This amended answer was filed before the trial of an issue of law raised by a demurrer to the original answer. The effect of filing such amended answer, if properly filed, was.to supersede the original answer. (Kuhland v. Sedgwick, 17 Cal. 123.) The permission to amend a pleading once as of right before the trial of such issue is authorized by section 472, Code of Civil Procedure. Were it even conceded that the…
2Cases cited4 opinions
- Callahan v. LoughranCalifornia Supreme Court · 1894
- Kuhland v. SedgwickCalifornia Supreme Court · 1860
- McCabe v. CarpenterCalifornia Supreme Court · 1894
- Benham v. ConnorCalifornia Supreme Court · 1896
3Cited by3 opinions
- Grace v. CroningerCalifornia Court of Appeal · 1922
- Kafka v. O'MalleySupreme Court of Minnesota · 1946
- Renn v. StateCourt of Criminal Appeals of Texas · 1911