No. 8948 | Cal. | May 25, 1886

By the COURT.

The amended answer filed in this cause raised.issues entitling defendant to a trial upon the merits. The order sustaining plaintiff’s demurrer to the amended answer was therefore erroneous.

Judgment reversed and cause remanded, with directions to the court below to overrule the demurrer.

Thornton, J., dissenting.

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