County of Los Angeles v. Babcock

California Supreme Court

County of Los Angeles v. Babcock

45 Cal. 252

CourtCalifornia Supreme Court

DecidedJuly 1, 1873

DocketNo. 3,618

StatusPublished

Cited by6 cases

This text of 45 Cal. 252 (County of Los Angeles v. Babcock) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

County of Los Angeles v. Babcock, 45 Cal. 252 (Cal. 1873).

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Opinion

By the Court:

Without noticing other objections to the complaint we are satisfied that the demurrer should have been sustained, on the ground that it is not averred that Pollock was released from custody upon or by reason of the execution and delivery of the bond set forth. This averment is indispensable in an action of this character.

Judgment reversed and cause remanded, with directions to the Court below to sustain the demurrer, and with leave to the District Attorney to amend the complaint in the respect indicated and in such other respects as he may be advised.

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By the Court:

Without noticing other objections to the complaint we are satisfied that the demurrer should have been sustained, on the ground that it is not averred that Pollock was released from custody upon or by reason of the execution and delivery of the bond set forth. This averment is indispensable in an action of this character.

Judgment reversed and cause remanded, with directions to the Court below to sustain the demurrer, and with leave to the District Attorney to amend the complaint in the respect indicated and in such other respects as he may be advised.

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Bluebook (online)

45 Cal. 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-los-angeles-v-babcock-cal-1873.

Opinion

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