Jackson v. Lebar

California Supreme Court

Jackson v. Lebar

53 Cal. 255

CourtCalifornia Supreme Court

DecidedJuly 1, 1878

DocketNo. 6247

StatusPublished

This text of 53 Cal. 255 (Jackson v. Lebar) 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

Jackson v. Lebar, 53 Cal. 255 (Cal. 1878).

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Opinions

By the Court :

The Court erred in sustaining the defendant’s motion to strike out portions of the complaint. The matters stricken out con[259]*259stituted portions of the cause of action, and could have been reached only by special demurrer. It is only irrelevant or redundant matter which may be stricken from a pleading by virtue of the provisions of sec. 458, Code of Civil Procedure. An averment of the fact constituting the plaintiff’s cause of action cannot be said to he irrelevant or redundant to itself. Judgment reversed and cause remanded, with directions to overrule the motion to strike out portions of the complaint.

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By the Court :

The Court erred in sustaining the defendant’s motion to strike out portions of the complaint. The matters stricken out con[259]*259stituted portions of the cause of action, and could have been reached only by special demurrer. It is only irrelevant or redundant matter which may be stricken from a pleading by virtue of the provisions of sec. 458, Code of Civil Procedure. An averment of the fact constituting the plaintiff’s cause of action cannot be said to he irrelevant or redundant to itself. Judgment reversed and cause remanded, with directions to overrule the motion to strike out portions of the complaint.

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Bluebook (online)

53 Cal. 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-lebar-cal-1878.