O'Moore

Plaintiff (appellant) sued four defendants for damages for false imprisonment, two of whom were impleaded individually. After demurrer to the complaint had been overruled and they had answered, two defendants, Province of the Holy Name, a corporation, and Pius M. Driscoll, as Prior Provincial thereof, moved for judgment on the pleadings and the motion was granted. Appellant assails the procedural propriety of entering judgment on the pleadings after the disallowance of the demurrer. He argues that though the right so to move is clear when the complaint fails to state a cause of action, “the motion is to be. determined upon the same principles as would be a demurrer to the complaint upon the same ground” (Hibernia Savings & Loan Soc. v. Thornton, 117 Cal. 481, at 482 [ 49 Pac. 573, 574 ]; Evans v. Paige, 102 Cal. 132, at 133 [ 36 Pac. 406 ]), and defendants were thereby permitted to “bring forward their objections by instalments”. (Citing Bancroft, Code Pleading, vol. 1, p. 922, sec. 634.) In De Courcey v. Cox, 94 Cal. 665, at 669 [ 30 Pac. 95, 96 ], the court says that the consideration of such a motion after the overruling of a general demurrer was 11 an irregularity which it is…