Gallardo v. Reed

California Supreme Court

Gallardo v. Reed

49 Cal. 346

California Supreme Court·Decided July 1, 1874·No. No. 3,534·Published·Cited by 4 cases

Opinion

By the Court, Wallace, C. J.:

The parties seem to be at issue upon a mere point of form. The demurrer to the complaint was sustained, and [347]*347the plaintiff’s application to amend was refused. This amounted to a final disposition of the cause, and it therefore became the duty of the Clerk, in the absence of special directions from the Judge, to enter the appropriate judgment in the records of the Court.

Mandamus denied.

Neither Mr. Justice Crockett nor Mr. Justice Rhodes expressed an opinion.

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By the Court, Wallace, C. J.:

The parties seem to be at issue upon a mere point of form. The demurrer to the complaint was sustained, and [347]*347the plaintiff’s application to amend was refused. This amounted to a final disposition of the cause, and it therefore became the duty of the Clerk, in the absence of special directions from the Judge, to enter the appropriate judgment in the records of the Court.

Mandamus denied.

Neither Mr. Justice Crockett nor Mr. Justice Rhodes expressed an opinion.

Gallardo v. Reed, 49 Cal. 346 (Cal. 1874).

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Opinion

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