Spanagel v. Reay

Citations

• 47 Cal. 608

Syllabus

<p>Intervention.—An ex parte order may be made allowing an intervention to be filed.</p> <p>Amendment to Answer.—When a party admits in his answer, under oath, a material allegation of the complaint, and the case is tried, and a judgment rendered, and a new trial afterwards granted by the Supreme Court; on the return of the cause to the Court below the defendant should not be allowed to amend his answer by changing the admission into a denial.</p> <p>General Demurrer—Effect Of.—When a complaint contains several counts, one of which sets up a former judgment as estopping the defendants, a general demurrer does not raise the question of law, whether the judgment did estop the defendants.</p> <p>Estoppel in Law.—If the transcript on appeal is silent as to what evidence was introduced, the appellant cannot raise the question that a judgment pleaded by the other party as an estoppel was not an estoppel in law.</p>