Abadie v. Carrillo

Citations

• 32 Cal. 172

Syllabus

<p>Judgment Roll.—Until the amendment to the two hundred and third section of the Practice Act, the judgment roll was not required to contain the order sustaining or overruling a demurrer.</p> <p>Appeal on Judgment Roll.—If, prior to said time, a demurrer to the complaint was filed, and a judgment by default was entered, and the appeal rested on the judgment roll, and the same did not disclose what action was taken on the demurrer, the presumption was that the demurrer was disposed of, and that the necessary preliminary steps were taken to obtain judgment.</p> <p>Complaint por Goods Sold.—A complaint for goods sold, which avers that the defendant is indebted to the plaintiff in a certain sum for goods sold and delivered to him at his request, and that defendant has not paid for the same, states a cause of action.</p>