Steiner v. American Falls Mining Co.

California Supreme Court

Steiner v. American Falls Mining Co.

1 Cal. Unrep. 189

CourtCalifornia Supreme Court

DecidedMarch 6, 1865

DocketNo. 433

StatusPublished

This text of 1 Cal. Unrep. 189 (Steiner v. American Falls Mining Co.) 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

Steiner v. American Falls Mining Co., 1 Cal. Unrep. 189 (Cal. 1865).

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Opinion

SHAFTER, J.

Demurrer to the complaint for want of facts and on the ground of uncertainty. 'The demurrer was sustained, and the plaintiff declining to amend, judgment was entered for the defendant.

The complaint contains three counts. The second count in the original complaint is sufficient both in substance and form; the other two are uncertain and perhaps substantially defective. But inasmuch as the demurrer was to the whole complaint instead of being limited to the defective counts, it should have been overruled.

Judgment reversed and cause remanded.

We concur: Rhodes, J.; Currey, J.; Sawyer, J.; Sanderson, C. J.

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SHAFTER, J.

Demurrer to the complaint for want of facts and on the ground of uncertainty. 'The demurrer was sustained, and the plaintiff declining to amend, judgment was entered for the defendant.

The complaint contains three counts. The second count in the original complaint is sufficient both in substance and form; the other two are uncertain and perhaps substantially defective. But inasmuch as the demurrer was to the whole complaint instead of being limited to the defective counts, it should have been overruled.

Judgment reversed and cause remanded.

We concur: Rhodes, J.; Currey, J.; Sawyer, J.; Sanderson, C. J.

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Bluebook (online)

1 Cal. Unrep. 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steiner-v-american-falls-mining-co-cal-1865.