Smith v. Matthews
California Supreme Court
Appeal from a judgment of the Superior Court of Alameda County. The facts are stated in the opinion of the court.
1Opinion of the CourtWorks, J.
This case was affirmed on a former hearing, and a rehearing granted. The only question in the case is as to the sufficiency of the complaint. The complaint seems to have been regarded and. treated by the parties, by the court below, and by this court on the former hearing, as one to correct a mistake in a deed conveying real estate. So treated, the complaint was clearly bad, on the grounds stated in the former opinion. But on further consideration, and by sorting out a few simple and proper allegations from a mass of irrelevant and surplus matter that never should have been in it, and which…
2Cases cited3 opinions
- Love v. WatkinsCalifornia Supreme Court · 1871
- Barroilhet v. AnspacherCalifornia Supreme Court · 1885
- Day v. CohnCalifornia Supreme Court · 1884
3Cited by16 opinions
- Cooper v. RheaSupreme Court of Kansas · 1910
- Muktarian v. BarmbyCalifornia Supreme Court · 1965
- Branting v. Salt Lake CityUtah Supreme Court · 1915
- South Tule Independent Ditch Co. v. KingCalifornia Supreme Court · 1904
- Goodnow v. ParkerCalifornia Supreme Court · 1896
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