California Supreme Court, 1882

Johnson v. Superior Court

Johnson v. Superior Court
California Supreme Court · Decided June 6, 1882
60 Cal. 578; 1882 Cal. LEXIS 509

Johnson v. Superior Court

Opinion of the Court

The Court:

The grounds upon which the writ of review was prayed and granted, were that in the action of Samuel C. Harding against the petitioner the complaint did not state facts sufficient to constitute a cause of action; and that a judgment was rendered in favor of one Newman, who was not a party to .the action. Neither ground is tenable. The complaint states *579sufficient to give the Court jurisdiction, and the record shows that on motion of plaintiff’s attorney and suggestion of the death of Harding, the original plaintiff, said Newman, administrator of'Harding’s estate, was duly substituted as plaintiff in the action.

Judgment affirmed.

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