Gallagher v. Delaney
GALLAGHER v. DELANEY
- Area
- civil
- Panel
- Joseph G. Baldwin (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Baldwin
Baldwin, J., delivered the opinion of the Court Terry, C. J., and Field, J., concurring.
In this case, the Court below rendered final judgment on the defendant’s demurrer, and dismissed the complaint. The judgment should have been sustaining the demurrer, with leave to the plaintiff to amend; and, if he declined, then judgment final. The complaint is so drawn as to leave no little doubt as to the purpose of the pleader. • If the object be to enforce a trust, the complaint should so distinctly aver, and the prayer should correspond. The complaint may be so amended as to present distinctly the plaintiff’s claim to the relief he seeks.
Judgment reversed, and cause remanded, without costs.
Cited by
- People Ex Rel. Post v. San Joaquin Valley Agric. Ass'n Sac. No. 1481. · 1907-09-04
- Williamson v. Joyce Sac. No. 982. · 1903-10-17
- Lord v. Hopkins · 1866-04-15
- Thornton v. Borland · 1859-01-15