Legal Opinion

Gibson v. Langdon

District Court, D. Alaska

Decided December 28, 1903No. 269PublishedCited by 1 opinion

This case comes before the court on a demurrer to the plaintiff’s petition. The demurrer challenges the sufficiency on two grounds: First. That there .is a defect of parties plaintiff herein, in that the Alaska Steamship Company, the plaintiff’s codefendant in the court below, is not made a party to the petition for review. Second.

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This case comes before the court on a demurrer to the plaintiff’s petition. The demurrer challenges the sufficiency on two grounds: First. That there .is a defect of parties plaintiff herein, in that the Alaska Steamship Company, the plaintiff’s codefendant in the court below, is not made a party to the petition for review. Second. Said petition does not state facts sufficient to constitute a cause of action or to authorize the relief prayed for, and, particularizing on this ground, they say, further, that it appears from the petition that the plaintiff had a complete remedy by appeal, but…

1Opinion of the Court

BROWN, District Judge.

In support of his petition plaintiff cites a number of authorities, some of which seem to support to some extent his contention, and others are directly against it. One of the cases cited is Sherer v. Superior Court, 96 Cal. 653, 31 Pac. 565, in which it is held, where a trial court, on motion regularly submitted by plaintiff, struck out defendant’s answer, and rendered judgment against him as by default, the action of the court, though erroneous, was within its jurisdiction, and a writ of certiorari would not lie *168to annul the judgment. In this case Patterson, dissented,…

2Cases cited3 opinions

  1. Sherer v. Superior CourtCalifornia Supreme Court · 1892
  2. Prickett v. CleekOregon Supreme Court · 1886
  3. State v. CaslerSupreme Court of New Jersey · 1895

3Cited by1 opinion

  1. Jefferson v. MooreAlaska Supreme Court · 1960

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