Nelson v. Highland

California Supreme Court Jul 1, 1859Published

Before: Baldwin

AI Brief

AI-generated · verify before citing

Holding. The court held that the omission of a plaintiff's Christian name in the record is not a valid ground for demurrer.

Issues

Whether the omission of a plaintiff's Christian name in the record constitutes a valid ground for demurrer.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“We do not think it was a good ground of demurrer that the Christian name of one of the plaintiffs does not appear in the record.”

Synopsis

It is no ground of demurrer to a complaint, that the Christian name of one of the plaintiffs does not appear.

Baldwin, J. delivered the opinion of the Court Terry, C. J. concurring.

We do not think it was a good ground of demurrer that the Christian name of one of the plaintiffs does not appear in the record. We cannot judicially know that one of the plaintiffs had either a Christian or heathen name, or that it is necessarily untrue that he has forgotten it if he had.

Judgment reversed and cause remanded.

More from California Supreme Court

People v. Wende (1979)
People v. Watson (1956)
People v. Superior Court (Romero) (1996)
People v. Kelly (2006)
Auto Equity Sales, Inc. v. Superior Court (1962)
Aguilar v. Atlantic Richfield Co. (2001)
People v. Lewis (2021)
In Re Estrada (1965)
Denham v. Superior Court (1970)
People v. Marsden (1970)

Related research