Waite v. Waite

California Supreme Court Apr 17, 1919 No. L. A. No. 5992.Published

Before: THE COURT.

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Holding. The court reversed the interlocutory judgment and granted the plaintiff leave to amend her complaint.

Issues

Whether the interlocutory judgment should be reversed based on the respondent's confession of error and the appellant's opening brief.

Disposition. Reversed

Quotations verified verbatim against the opinion

“The respondent herein confesses error, and asks that the interlocutory judgment appealed from be reversed”

“The plaintiff should be allowed to amend her complaint in the lower court.”

“The judgment appealed from is reversed.”

[1] The respondent herein confesses error, and asks that the interlocutory judgment appealed from be reversed for the reason set forth in appellant's opening brief.

The point made for reversal in the appellant's opening brief appears to be well based and requires a reversal. The plaintiff should be allowed to amend her complaint in the lower court.

The judgment appealed from is reversed.

Shaw, J., Olney, J., Wilbur, J., Lawlor, J., Melvin, J., Lennon, J., and Angellotti, C. J., concurred. *Page 239

Waite v. Waite

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