Reagan v. Justice's Court of City

Citations

• 75 Cal. 253
• 17 P. 195
• 1888 Cal. LEXIS 521

Syllabus

<p>Pleading—Statute of Limitations—Waived.—The right to interpose the plea of the statute of limitations is waived unless taken advantage of by demurrer or answer.</p> <p>Id.—Presumption that Agreement was in Wetting. — An agreement which is required by statute to be in writing, if in other respects properly pleaded, will be presumed, for the purpose of testing the sufficiency of the pleading, to have been in writing. The exception to the rule arises only in cases where the agreement must necessarily be in writing to confer jurisdiction on the court.</p> <p>Id.—Justice’s Court—Judgment by Default—Certiorari.—A judgment by default rendered by a justice’s court, even if erroneous, will not be reviewed on certiorari, when the court had jurisdiction of the subject-matter and of the person of the defendant.</p>