Barron v. Deleval

Citations

• 58 Cal. 95

Syllabus

<p>Demurrer—Leave to Answer—Judgment.—When a demurrer to the complaint is overruled, and there is no answer on file, it is within the discretion of the Court to grant leave to answer or to order a final judgment in the case.</p> <p>Id.—Id.—Id.—Notice—Waiver.—Upon the overruling of the demurrer to the complaint the defendant’s attorney was present in Court, and asked for and obtained leave to file an answer within five days. Held, that written notice was waived and a judgment by default was rightly entered after the expiration of the time.</p>