Swain v. Burnette
California Supreme Court
Appeal from a judgment of the Superior Court of Alameda County. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
Suit to compel specific performance of an agreement to exchange lands. The defendants demurred to the amended complaint, and moved to strike out portions of the same. Both matters came on to be heard at the same time. The court granted the motion to strike out; “and in the matter of the demurrer, counsel for plaintiff asking leave to amend the amended complaint herein, and the demurrer by consent of all parties being withdrawn ” (folio 67), leave to amend was granted. Plaintiff failed to amend within the time allowed by the court, and thereupon final judgment was entered against him…
2Cases cited4 opinions
- Worrall v. . MunnNew York Court of Appeals · 1868
- Rhoda v. Alameda Cty.California Supreme Court · 1877
- Marshall v. CaldwellCalifornia Supreme Court · 1871
- Pittsburgh Coal Mining Co. v. GreenwoodCalifornia Supreme Court · 1870
3Cited by15 opinions
- Luz v. LopesCalifornia Supreme Court · 1960
- Miller v. DyerCalifornia Supreme Court · 1942
- Johnson v. Central Aviation Corp.California Court of Appeal · 1951
- Farnum v. ClarkeCalifornia Supreme Court · 1906
- Mundy v. IrwinNew Mexico Supreme Court · 1915
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