Summary
In Rough v. Simmons, 65 Cal. 227, [3 P. 804], a general demurrer to a complaint like the one at bar was sustained by the trial court and the judgment reversed in this court.
Summary of this case from Hyatt v. ColkinsOpinion
APPEAL from a judgment of the Superior Court of the county of Siskiyou.
A general demurrer was interposed to the complaint, and sustained by the court. The plaintiff failed to amend, and judgment for defendant was rendered.
COUNSEL:
W. H. H. Hart, for Appellant.
H. B. Gillis, and Calvin Edgerton, for Respondent.
OPINION
The case is fully stated in the opinion of the court.
THE COURT.
The complaint alleges that plaintiff is the owner and in possession of the easterly 11 42-100 acres of the Colonel Limberger Placer Mine, and that defendant claims an estate or interest therein adverse to the plaintiff, which claim is without right, and that defendant has no estate, right, title, or interest in the said 11 42-100 acres, etc. A general demurrer to the complaint was sustained by the Superior Court. This was error.
Judgment reversed and cause remanded, with direction to the court below to overrule the defendant's demurrer to the complaint.