Gallardo v. Reed

California Supreme Court
Gallardo v. Reed, 49 Cal. 346 (Cal. 1874)
Wallace

Gallardo v. Reed

Opinion of the Court

By the Court, Wallace, C. J.:

The parties seem to be at issue upon a mere point of form. The demurrer to the complaint was sustained, and *347the plaintiff’s application to amend was refused. This amounted to a final disposition of the cause, and it therefore became the duty of the Clerk, in the absence of special directions from the Judge, to enter the appropriate judgment in the records of the Court.

Mandamus denied.

Neither Mr. Justice Crockett nor Mr. Justice Rhodes expressed an opinion.

Reference

Full Case Name
F. F. GALLARDO v. THERON REED, Judge of the Sixteenth Judicial District
Cited By
4 cases
Status
Published
Syllabus
Junorarur on Demübbeb.—When a demurrer to the complaint is sustained, and the plaintiff’s application to amend his complaint is denied, the case is finally disposed of by the Court, and it becomes the duty of the Clerk, without any directions from the Court or Judge, to enter the appropriate judgment in the records of the Court.