Becker v. Ferrier (1883) · DecisionDepot

Becker v. Ferrier

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

California Supreme Court Nov 28, 1883 No. No. 8924Published

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Holding. The court held that the trial court properly sustained a demurrer to a cross-complaint and correctly dismissed the action after the cross-complainant elected to stand on the original pleading rather than amend it.

Issues

Whether the trial court properly sustained a demurrer to the cross-complaint.
Whether the trial court properly dismissed the cross-complaint after the party refused to amend.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The court below rightly sustained the demurrer to the cross-complaint filed by Catherine Perrier”

“the court properly entered an order dismissing it”

Synopsis

Pleading—Demurrer Sustained—Refusal to Amend.—A dismissal of the cross-complaint rightly follows a defendant standing on his answer and declining to amend after a demurrer to the latter has been sustained.

By the COURT. The court below rightly sustained the demurrer to the cross-complaint filed by Catherine Perrier, and the cross-complainant having failed to amend her pleading within the time allowed by the court, but instead having in open court declared her intention to stand upon the pleading as originally filed, the court properly entered an order dismissing it: King v. Montgomery, 50 Cal. 116.

Judgment affirmed,

Becker v. Ferrier

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