Terry v. Hammond

53 Cal. 120, 1878 Cal. LEXIS 93

Opinion

By the COURT:

The fifth and sixth subdivisions of the amended answer, and Exhibit A referred to therein, presented a valid defense to the action, and the Court below erred in striking out those" portions of the answer and in sustaining the demurrer thereto. ,

Judgment reversed, and cause remanded, with an order to the Court below to set aside the order striking out those portions of the amended answer, and to overrule the demurrer thereto. Remittitur forthwith.