gno.law

Terry v. Hammond

California Supreme Court · No. 6109 · 1878-07-01 · Published · 53 Cal. 120 · 1878 Cal. LEXIS 93

T. W. TERRY, Doing Business Under the Name and Style of T. W. TERRY & CO. v. JOHN W. HAMMOND and J. A. HAMMOND

Area
civil

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

By the COURT:

The fifth and sixth subdivisions of the amended answer, and Exhibit A referred to therein, presented a valid defense to the action, and the Court below erred in striking out those" portions of the answer and in sustaining the demurrer thereto. , Judgment reversed, and cause remanded, with an order to the Court below to set aside the order striking out those portions of the amended answer, and to overrule the demurrer thereto. Remittitur forthwith.