gno.law

Hestres v. Clements

California Supreme Court · · 1863-07-01 · Published · 21 Cal. 425

HESTRES, Administrator v. CLEMENTS et a.l

Area
civil
Panel
Cope (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 — Cope

Cope, J. delivered the opinion of the Court Norton, J. concurring.

The judgment in this case must be reversed for irregularity in the proceedings. When the judgment was entered there was a demurrer on file which had not been disposed of. Two of the defendants demurred separately, and the record shows that but one of the demurrers was acted upon. The other was filed after a default had been taken, but the attorneys for the plaintiffs accepted service of it, thereby waiving the default.

Judgment reversed, and cause remanded.

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