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· 7/1/1859

Smith v. Yreka Water Co.

Citations

  • 14 Cal. 201

Syllabus

<p>If, after a demurrer to the complaint sustained, defendant does not offer to amend, final judgment against Mm will not be disturbed.</p> <p>Gallaher v. Delaney, (10 Cal. 410,) depended on particular circumstances, and the general language there used must be taken in connection with the facts, as is explained in Thornton v. Borland, (12 Cal.)</p> <p>Amendments should be liberally allorved by inferior Courts in advancement of justice, and to secure a fair and speedy trial on the merits; and an arbitrary refusal to allow them under proper circumstances would be ground of interference by the Supreme Court.</p>

Judges: Baldwin

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