Catanich v. Hayes

Citations

• 52 Cal. 338
• 1877 Cal. LEXIS 114

Syllabus

<p>Judgment - Roll.—The notice of the overruling of a demurrer, required by-sec. 476 of the Code of Civil Procedure, is not a part of the judgment-roll. Bill of Exceptions—Order Overruling Demurrer.—In order to have the benefit of sec. 476 'of the Code of Civil Procedure, requiring notice to be given of the overruling of a demurrer, it must be incorporated into a bill of exceptions.</p> <p>Judgment by Default.—If, in a case where a demurrer to the complaint had been filed, the judgment by default recites that the time for answering had expired, and the record is silent as to the time allowed to answer as well as to giving of notice of the overruling of a demurrer, it will be presumed, in support of the judgment, that the Court satisfied itself that the time for answering had expired.</p>