Hoeft

Appeal from the judgment given in favor of plaintiff upon the pleadings.

Plaintiff, the widow of Henry Hoeft, sued defendant, a benefit association, to recover two thousand dollars upon a certificate issued in her name, at request of the insured member, Henry Hoeft. The defendant supreme lodge for answer paid the monej'- into court, and asked that the children of Henry Hoeft be allowed to appear and contest. This was permitted, and the children— defendants and appellants herein—interposed a general demurrer to plaintiff’s complaint, and thereafter filed an answer and cross-complaint. The court, upon motion, gave plaintiff judgment upon the pleadings, and this appeal followed.

1. The objection that the court had no power to pass judgment until it disposed of the demurrer is sound as a proposition of law, but untenable under this record. It does not appear that the demurrer was not disposed of, and, as error will not be presumed, it will be assumed that it was. Moreover, the demurrer was without merit. (Loftus v. Fischer, 106 Cal. 616 .)

2. It is contended that the answer, by its denials, joined issue with plaintiff upon certain of her allegations, and that the issues were…