Hestres v. Clements

California Supreme Court

Hestres v. Clements

21 Cal. 425

CourtCalifornia Supreme Court

DecidedJuly 1, 1863

StatusPublished

Cited by12 cases

This text of 21 Cal. 425 (Hestres v. Clements) 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

Hestres v. Clements, 21 Cal. 425 (Cal. 1863).

Pincite

Opinion

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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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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Bluebook (online)

21 Cal. 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hestres-v-clements-cal-1863.

Opinion

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