Summary
In Campbell v. West, 93 Cal. 653, it was said: "The other provisions of this section (Code Civ. Proc., sec. 385), relating to substitution in case of any other transfer of interest, when set in motion by a plaintiff, or the person to whom [48 P. 120] the transfer is made, or by the defendant, if for any reason he desires to avail himself of such transfer for any purpose, must be made by a supplemental complaint or answer."
Summary of this case from Ford v. BushardOpinion
93 Cal. 653 at 658. Rehearing Denied.
Original Opinion of March 24, 1892, Reported at 93 Cal. 653.
OPINION
THE COURT 658 A petition for a hearing in Bank having been filed, the following opinion was rendered thereon on the 15th of April, 1892:
The Court.
The point urged in support of the petition for a rehearing in this case was not overlooked in deciding the appeal. If the fact that the amended complaint was served on the defendants, and not on their attorney, was in any degree prejudicial to them, they should have sought relief by motion in the superior court before appealing from the judgment. We will not reverse a judgment for a merely technical error, which could be corrected in the superior court, when no such application has been made.