Leavell

An action was originally commenced in the justice court of No. 10 township in Placer County by the Placer County Grower’s Canning Association against said Leavell to recover the amount of one call or installment alleged to be due upon a subscription to said association’s capital stock, and plaintiff therein recovered judgment for the sum of fifty dollars. Thereafter said defendant appealed to the superior court of said county upon questions of both law and fact. Afterward, by permission of said court, the plaintiff filed an amended complaint. To this a demurrer was interposed and also a motion to strike out portions of said complaint. The record shows that the demurrer and motion to strike out came on regularly for hearing on April 16, 1914, and were ordered submitted on briefs. The briefs were filed and, on July 21, following, the court filed its decision which, as far as is in point, was as follows: “No reason is apparent why the contract subscribed by the defendant should not be enforced according to its terms. The contract is plain, distinct, lawful and in every way enforceable according to its import. Let judgment be entered in conformity with the prayer of the complaint.” On…