Gallagher v. Delaney
Cases that cite this one
6 later published cases cite this decision.
- Williamson v. Joyce (Cal. 1903)
- Fajardo Development Co. v. Succession of Morfi (Supreme Court of Puerto Rico 1911)
- Fajardo Development Co. v. Sucesión Morfi (Supreme Court of Puerto Rico 1911)
- People Ex Rel. Post v. San Joaquin Valley Agric. Ass'n (Cal. 1907)
- Lord v. Hopkins (Cal. 1866)
- Thornton v. Borland (Cal. 1859)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Terry, C. J., and Field, J., concurring.
In this case, the Court below rendered final judgment on the defendant’s demurrer, and dismissed the complaint. The judgment should have been sustaining the demurrer, with leave to the plaintiff to amend; and, if he declined, then judgment final. The complaint is so drawn as to leave no little doubt as to the purpose of the pleader. • If the object be to enforce a trust, the complaint should so distinctly aver, and the prayer should correspond. The complaint may be so amended as to present distinctly the plaintiff’s claim to the relief he seeks.
Judgment reversed, and cause remanded, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.