Jones

Jones v. Iverson

Good Law
131 Cal. 101·1900 Cal. LEXIS 741·63 P. 135
Supreme Court of CaliforniaDecember 22, 1900S.F. 613.California1,059 words

Opinion

Lead Opinion

Chipman, J.

Defendants demurred to the complaint on several grounds; the demurrer was sustained, and, plaintiff declining to amend, defendants had judgment, from which plaintiff appeals.

1. Eespondeni® object to the consideration of the appeal on the ground of the insufficiency of the notice. It is as follows:

The notice does not give the date of the judgment, nor identify it in any way, except by the statement as above given. If the record showed more than one judgment, or if it showed in addition to the judgment an order in the nature of a judgment, the notice might be ineffectual for uncertainty. But as there was hut one judgment, to wit,- the judgment on demurrer in favor of defendants and against the plaintiff, we think the notice was sufficiently definite to entitle appellant to he heard here.

2. The demurrer went to the sufficiency of the complaint and also specially set forth as grounds: Misjoinder of parties defendant; that several causes of action have been improperly united; that the complaint is unintelligible, uncertain and ambiguous.

The complaint was drawn by plaintiff and signed in propria persona. It is obvious that he is a layman with a very imperfect notion of what…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.