Willson v. McDonald

California Supreme Court

Willson v. McDonald

1 Cal. Unrep. 516

CourtCalifornia Supreme Court

DecidedAugust 26, 1869

DocketNo. 1760

StatusPublished

This text of 1 Cal. Unrep. 516 (Willson v. McDonald) 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

Willson v. McDonald, 1 Cal. Unrep. 516 (Cal. 1869).

Pincite

Opinion

SANDERSON, J.

The court did not err in denying the motion of the plaintiff for judgment upon the pleadings. Such motions can be allowed only where the answer wholly fails to deny any material allegation of the complaint, and we are not prepared to hold that such is the case here.

Motions for continuances are very much in the discretion of the court below, and we are of the opinion that it was not abused in this instance. The other points are considered untenable.

Judgment and order affirmed.

We concur: Sawyer, C. J.; Rhodes, J.; Crockett, 3). I dissent: Sprague, J.

Free access — add to your briefcase to read the full text and ask questions with AI

SANDERSON, J.

The court did not err in denying the motion of the plaintiff for judgment upon the pleadings. Such motions can be allowed only where the answer wholly fails to deny any material allegation of the complaint, and we are not prepared to hold that such is the case here.

Motions for continuances are very much in the discretion of the court below, and we are of the opinion that it was not abused in this instance. The other points are considered untenable.

Judgment and order affirmed.

We concur: Sawyer, C. J.; Rhodes, J.; Crockett, 3). I dissent: Sprague, J.

Cite This Page — Counsel Stack

Bluebook (online)

1 Cal. Unrep. 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willson-v-mcdonald-cal-1869.