Jackman

E. M. Derby & Co. v. Jackman

Good Law
1891 Cal. LEXIS 755·89 Cal. 1·26 P. 610
Supreme Court of CaliforniaMay 1, 1891No. 13835California817 words

Opinion

Lead Opinion

Temple, J.

— This action was commenced against the testator of defendants. The executors having been substituted for the original defendant, plaintiffs made out and presented their claim against the estate, and then filed an amended complaint, in which no mention was made of the presentation of the claim. Some months later they filed a supplemental complaint, in which the death, probate of the will, appointment and qualification of the executors, and presentation of the claim are alleged.

After answer both to the amended and supplemental complaints, the plaintiffs moved for judgment on the pleadings. The motion was granted, and the defendants appeal from the judgment.

*3 There is no bill of exceptions, and the respondents now raise the point that the correctness of the ruling cannot be reviewed here, as the motion and the order granting it, and for judgment, are not brought up, and, as they claim, cannot be, without a bill of exceptions.

As a matter of fact, the judgment includes all that a bill of exceptions could show,— all that is necessary for a review of this action of the court.

The motion, and the grounds of it are specifically recited, and the ruling upon it and the entry of…

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