Heilbron v. Oampbell

Citations

• 5 Cal. Unrep. 745
• 24 P. 1032

Syllabus

<p>Prohibition—Procedure—Demurrer and Answer.—Where respondent to petition for writ of prohibition filed a demurrer and answer, and the demurrer was overruled, and judgment absolute given against respondent on the insufficiency of Ms answer, when, in the absence of a motion for judgment on the pleadings, he expected that only the demurrer would be passed on, a motion to vacate the decision on the ground of surprise, and to allow an amended answer, will be granted.</p>