Andrews v. Mokelumne Hill Co.

Citations

• 7 Cal. 330

Syllabus

<p>The fourteenth section of the Practice Act was intended to apply to suits in equity, and not to actions at law.</p> <p>Where a defect of parties appears upon the face of the complaint, the objection must be taken advantage of by demurrer.</p> <p>An allegation in an answer that the debt sued for, if due at all, is due to the plaintiff and another, as partners, cannot be treated as a demurrer.</p> <p>Hereafter the rule is established, that rehearings will not be granted with the same indulgence as formerly.</p>