Davis v. Honey Lake Water Co.

Citations

• 98 Cal. 415
• 33 P. 270
• 1893 Cal. LEXIS 936

Syllabus

<p>Dehuebeb to Complaint—Impbopeb Obdeb Steiking Dehuebeb fboh Files— Judgment by Default—Revebsal upon Appeal__Where the summons is served on the defendant in another county than that in which the action is brought, a demurrer filed within thirty days after the service of the summons cannot be properly stricken from the'files, whether it has been served or not, and an order striking such demurrer from the files and entering judgment by default will be reversed upon appeal from such judgment.</p> <p>Id.—Want of Sebvioe of Dehubbeb—Gbounds of Steiking Out—Constbuotion of Code__A demurrer cannot be stricken out for want of proof of service, if filed in time, and the only other possible grounds of striking out such a demurrer is the insertion of irrelevant and redundant matter in it as a pleading under section 453 of the Code of Civil Procedure, which cannot apply when it states only one or more of the grounds enumerated in section 430 of that code.</p> <p>Id.—Demurrer Stricken Out — Date of Filing—Judgment-roll—Appeal from Judgment.—A demurrer stricken out constitutes part of the judgment-roll, as a pleading, and can be looked to to ascertain when id was filed upon appeal from a judgment rendered by default.</p> <p>Id.—Order Deemed Excepted to. — An order striking out a demurrer is deemed excepted to.</p>