Seaver v. Cay & Wife

Citations

• 9 Cal. 564

Syllabus

<p>Where the record shows that a demurrer was interposed to the complaint, and was sustained by the Court, and afterwards, during the same term, a judgment was rendered in favor of the plaintiff, this Court will not presume that the order sustaining the demurrer was set aside by the Court before judgment was rendered.</p> <p>In such a case the record shows that judgment was improperly rendered.</p>