Willson v. McDonald (1869) · DecisionDepot

Willson v. McDonald

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

California Supreme Court Aug 26, 1869 No. No. 1760Published

Before: Crockett, Rhodes, Sanderson, Sawyer, Sprague

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Holding. The court held that the denial of the plaintiff's motion for judgment on the pleadings was proper because the answer did not wholly fail to deny material allegations, and the trial court did not abuse its discretion in denying a continuance.

Issues

Whether the trial court erred in denying the plaintiff's motion for judgment on the pleadings.
Whether the trial court abused its discretion in denying a motion for a continuance.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Such motions can be allowed only where the answer wholly fails to deny any material allegation of the complaint, and we are not prepared to hold that such is the case here.”

“Motions for continuances are very much in the discretion of the court below, and we are of the opinion that it was not abused in this instance.”

Synopsis

APPEAL from Third Judicial District, Alameda County.

SANDERSON, J. The court did not err in denying the motion of the plaintiff for judgment upon the pleadings. Such motions can be allowed only where the answer wholly fails to deny any material allegation of the complaint, and we are not prepared to hold that such is the case here.

Motions for continuances are very much in the discretion of the court below, and we are of the opinion that it was not abused in this instance. The other points are considered untenable.

Judgment and order affirmed.

We concur: Sawyer, C. J.; Rhodes, J.; Crockett, 3). I dissent: Sprague, J.

Willson v. McDonald

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