Gallardo v. Reed (1874) · DecisionDepot

Gallardo v. Reed

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1874 No. No. 3,534Published

Before: Wallace

AI Brief

AI-generated · verify before citing

Holding. The court held that a trial court's order sustaining a demurrer and refusing leave to amend constitutes a final disposition, making it the clerk's duty to enter judgment.

Issues

Whether the sustaining of a demurrer and refusal to amend constitutes a final disposition of the cause.
Whether the clerk has a duty to enter judgment in the absence of special directions from the judge.

Disposition. Mandamus denied.

Quotations verified verbatim against the opinion

“This amounted to a final disposition of the cause, and it therefore became the duty of the Clerk, in the absence of special directions from the Judge, to enter the appropriate judgment in the records of the Court.”

Synopsis

Junorarur on Demübbeb.—When a demurrer to the complaint is sustained, and the plaintiff’s application to amend his complaint is denied, the case is finally disposed of by the Court, and it becomes the duty of the Clerk, without any directions from the Court or Judge, to enter the appropriate judgment in the records of the Court.

By the Court, Wallace, C. J.: The parties seem to be at issue upon a mere point of form. The demurrer to the complaint was sustained, and [347]the plaintiff’s application to amend was refused. This amounted to a final disposition of the cause, and it therefore became the duty of the Clerk, in the absence of special directions from the Judge, to enter the appropriate judgment in the records of the Court.

Mandamus denied.

Neither Mr. Justice Crockett nor Mr. Justice Rhodes expressed an opinion.

Gallardo v. Reed

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief