Walsh v. Mckeen
Citations
- 75 Cal. 519
- 17 P. 673
- 1888 Cal. LEXIS 575
Syllabus
<p>Pleading — Practice — Amendment—Demurrer. — An error in overruling a demurrer to a complaint is cured if the plaintiff subsequently amend his complaint in the particular to which the demurrer was directed.</p> <p>Id.—Discretion — Amendment at Trial.—It is within the discretion of the trial court to permit the pleadings to be amended during the trial, when necessary for the purposes of justice.</p> <p>Id.—Prater for Relief — Amendment from Legal to Equitable.— Where a complaint praying for legal relief states a cause of action entitling the plaintiff to equitable relief, the court may on the trial permit the prayer to be amended, so as to ask for the appropriate equitable relief.</p> <p>Partnership—Accounting bt Survivor — Completion of Liquidation. — It is not necessary that a surviving partner should have completed the liquidation of the partnership affairs before an action for an accounting can be maintained against him by the personal representative of the deceased partner.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- declining to consider severance argument for the first time on appeal where the appellant did not file a motion for severance, failed to join his co-defendant’s motion, and did not request to be tried separately below
Source: CourtListener parenthetical corpus (CC0).
Judges: Belcher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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