Harney v. Corcoran

Citations

• 60 Cal. 314
• 1882 Cal. LEXIS 457

Syllabus

<p>Amendment of Answer—Discretion of Court—Street Assessment— Practice.—In an action against the appellants and other defendants to foreclose a street assessment lien upon a lot in San Francisco alleged to be the property of defendants, the appellants—having in their original answer admitted ownership of the premises in dispute—moved for leave to file an amendment, in which by way of separate defense they denied ownership; and the motion was denied.</p> <p>Held: The refusal to allow the filing of the amendment, under the circumstances in which the application was made, was not an abuse of discretion with which this Court will interfere.</p> <p>Id.—Id.—Id.—Id.—Amendment of Complaint—Service of Amendment. Upon the case being called for trial the plaintiff dismissed the action as to certain of the defendants not served, and by leave of Court amended the complaint by erasing their names from the title; and thereupon the appellants moved for leave to answer the complaint as amended by refiling the amendment previously offered—which motion was denied.</p> <p>Held: The amendment of the complaint was not such an amendment as the law or rules of the Court required to be served upon the defendants, or which entitled them to answer.</p>