Curtiss v. Bachman
Citations
- 84 Cal. 216
- 24 P. 379
- 1890 Cal. LEXIS 791
Syllabus
<p>Pleading — Breach of Contract — Appeal — Support of Judgment.— In an action upon a contract, the complaint must show a breach of the contract, or it states no cause of action which will support the judgment upon appeal.</p> <p>Id. — Injunction Bond —Hon-payment. —In an action upon an injunction bond, the complaint must allege the non-payment of the money claimed under the contract, in order to state a cause of action.</p> <p>Id. ■— Allegation of Damage. — The allegation that the plaintiff has been injured and damaged in a certáin sum by reason of the issuance and continuance of the injunction does not allege non-payment by implication.</p> <p>Id.—Answer after Demurrer Overruled — Waiver of Demurrer.— A demurrer is not waived by the filing of an answer upon leave given by the court after the demurrer is overruled.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a defendant has no right to be present when only legal arguments and logistical or procedural matters are discussed
- holding that a defendant has no right to be present when only legal 19 arguments and logistical or procedural matters are discussed
- concluding that, although defendant was entitled to be present at particular bench conference about whether to replace prospective jurors, he acquiesced in his counsel’s waiver of his right
- holding that appellant’s right to he present was not violated by holding in his absence bench conferences that concerned “only legal arguments regarding objections and proper trial procedure or logistical matters”
- holding that defendant acquiesced to counsel’s waiver of right to be present at bench conference where trial judge advised everyone in courtroom, including defendant, about the topic of the bench conference and defendant raised no objection to his absence
- holding that defendant’s absence from bench conferences involving logistical matters such as the order in which witnesses would be called and when to take breaks in the trial proceedings did not violate his constitutional right to be present
Source: CourtListener parenthetical corpus (CC0).
Judges: Foote
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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