Evans v. Paige

Citations

• 102 Cal. 132
• 36 P. 406
• 1894 Cal. LEXIS 606

Syllabus

<p>Appeal—Review of Order Denying New Trial.—Upon appeal from an order denying a new trial, questions relating to the sufficiency of the complaint cannot be reviewed or considered by the appellate court.</p> <p>Id.—Motion for Judgment Upon Pleadings—General Demurrer.—A motion by a defendant for a judgment upon the pleadings is in effect nothing more than a demurrer to the complaint upon the general ground that it does not state facts sufficient to constitute a cause of action, and the ruling thereon can only be reviewed upon an appeal from the judgment.</p>