Jones

Jones v. Alameda

Good Law
1927 Cal. App. LEXIS 475·85 Cal. App. 607·259 P. 976
Court of Appeal of CaliforniaSeptember 26, 1927Docket No. 3310.California2,667 words

Opinion

Lead Opinion

Plummer, J.

Judgment annulling marriage of Alice Jones Alameda to Joseph Alameda was entered in this case, and from this judgment the defendant appeals.

The original complaint filed in this action was by J. M. Jones, the father of the minor, Alice Jones Alameda. A demurrer to this complaint was sustained with leave to amend. Thereafter, an amended complaint was filed joining Alice Jones Alameda, a minor, as party plaintiff, the minor appearing by her guardian ad litem. The defendant demurred to the final amended complaint filed by the plaintiffs, and also interposed a motion to strike out the amended complaint. The motion was directed also to particular paragraphs of the amended complaint. The defendant’s motion was denied, his demurrer overruled, and thereupon the defendant answered plaintiffs’ final amended complaint. Certain extraneous matters were set forth in the defendant’s answer which need not be considered herein. The points made for reversal herein are that the minor could not be brought in as a party plaintiff by an amended complaint; that the amended complaint does not state sufficient facts to constitute a cause of action; and that there was no proof introduced of the…

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