Hestres v. Clements

Citations

• 21 Cal. 425

Syllabus

<p>It is irregular to enter judgment against a defendant, on whose behalf a demurrer is on file, without disposing of the demurrer, and a judgment so entered will be reversed on appeal.</p> <p>An acceptance by plaintiff’s attorney of service of a demurrer, filed by a defendant after Ms default has been entered, is a waiver of the default.</p>