(Download) "Carney V. Simmonds" by Supreme Court Of California In Bank * eBook PDF Kindle ePub Free
eBook details
- Title: Carney V. Simmonds
- Author : Supreme Court Of California In Bank
- Release Date : January 17, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
In this case plaintiff commenced an action which she entitled one for the partition of real property against defendants. Defendants' demurrer was overruled and plaintiff filed an amended complaint. No demurrer was filed to the amended complaint; it was answered, defendants claiming among other things that it did not state a cause of action. When it came on for trial defendants moved for a "judgment on the pleadings" on the ground that the amended complaint failed to state a cause of action in that it purported to attack a decree assigning the entire estate to a widow on the ground of extrinsic fraud but failed to allege such fraud or show that a different result would have been reached but for the fraud. It was argued and then the court stated that if plaintiff was able to prove what she alleged, she had a cause of action but "this" is not it; the defendants' motion for "judgment on the pleadings is granted." Then followed a discussion about amending the amended complaint and the court said it granted the motion without leave to amend. The court made and filed an order for "judgment on the pleadings" without leave to amend and for defendants. It also entered a judgment on that order. Plaintiff gave notice of motion "for a new trial and for order vacating and setting aside judgment" on the pleadings and for an order allowing her to file a proposed amended complaint. The
 "Carney V. Simmonds" by Supreme Court Of California In Bank * eBook PDF Kindle ePub Free){kind=link}