30 Cal. 76 | Cal. | 1866
The complaint was filed September 28th, 1864, and was demurred to on the 8th of October following. On the 13th of that month the case was called for trial. The plaintiff asked leave to file an amendment to his complaint, and for that purpose that he be granted ten days, reckoning from the day on which the demurrer was filed. The Court refused to grant any time therefor; whereupon, after argument, the demurrer was sustained and'judgment was duly entered for the defendant.
The ruling of the Court, denying the application to amend,
The objection that the complaint was so defective that it could not be made good by any amendment that could have been made, is not, in our opinion, well taken.
Judgment reversed and cause remanded.