Lambert v. Marcuse

CHIPMAN, C.

Foreclosure of street assessment lien. Plaintiff had judgment, and defendants appeal from the order denying motion for a new trial.

Defendants demurred to the complaint for insufficiency, and also on the ground of ambiguity and uncertainty. There is no appeal from the judgment, and the rule is, that the sufficiency of the complaint canno-t be considered on an appeal from an order denying a motion for a new trial. (Onderdonk v. San Francisco, 75 Cal. 534; Wheeler v. Kassabaum, 76 Cal. 90; Evans v. Paige, 102 Cal. 132; Bode v. Lee, 102 Cal. 583.)

Appellant cites Holland v. McDade, 125…