California Supreme Court, 1863

Hestres v. Clements

Hestres v. Clements
California Supreme Court · Decided July 1, 1863 · Cope
21 Cal. 425
Hestres v. Clements

Cases that cite this one

10 later published cases cite this decision.

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Opinion of the Court

Cope, J. delivered the opinion of the Court

Norton, J. concurring.

The judgment in this case must be reversed for irregularity in the proceedings. When the judgment was entered there was a demurrer on file which had not been disposed of. Two of the defendants demurred separately, and the record shows that but one of the demurrers was acted upon. The other was filed after a default had been taken, but the attorneys for the plaintiffs accepted service of it, thereby waiving the default.

Judgment reversed, and cause remanded.

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