Kinard v. Jordan
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. J. C. B. Hebbard. Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtKerrigan, J.
A demurrer to the complaint was sustained as to all the defendants except Huntington, without leave to amend, and as to him it was overruled, with the direction to the plaintiff to file a new engrossed and amended complaint against him alone. Plaintiff did not comply with this order within the time specified and extensions thereof. Whereupon the “complaint” (action) was dismissed as to all the defendants.
There are two notices of appeal in the transcript—one. from the order disposing of the demurrer, and the other from the judgment of dismissal. As the former seems unauthorized (Code Civ.…
2Cases cited5 opinions
- Plumb v. GriffinSupreme Court of Connecticut · 1901
- Schrandt v. YoungNebraska Supreme Court · 1901
- Hudson Iron Co. v. . AlgerNew York Court of Appeals · 1873
- Consolidated Mining & Prospecting Co. v. HuffSupreme Court of Kansas · 1901
- J. F. Hart Lumber Co. v. Everett Land Co.Washington Supreme Court · 1898
3Cited by4 opinions
- Kinard v. JordanCalifornia Supreme Court · 1917
- Goldborten v. ScottCalifornia Court of Appeal · 1932
- Kinard v. JordanCalifornia Supreme Court · 1914
- City of Napa v. MaxwellCalifornia Court of Appeal · 1918