49 Cal. 346
Decided July 1, 1874
California Supreme Court · decided 1874-07-01
Application to the Supreme Court for a writ of mandate. The plaintiff applied to the Supreme Court for a writ of mandate. He set forth, in his petition, that in November, 1866, he commenced an action in the District Court of the Sixteenth Judicial District, for the county of Inyo, (of which District the defendant was and is Judge) and that, in May, 1867, the Court sustained a demurrer to the complaint, and refused to allow him to amend his complaint.
Good law ✅— No negative treatment on recordhow we know
Decided 1874-07-01
Cited by 4 later decisions — most recently September 1963
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The parties seem to be at issue upon a mere point of form. The demurrer to the complaint was sustained, and *347the plaintiff’s application to amend was refused. This amounted to a final disposition of the cause, and it therefore became the duty of the Clerk, in the absence of special directions from the Judge, to enter the appropriate judgment in the records of the Court.
¶2Mandamus denied.
¶3Neither Mr. Justice Crockett nor Mr. Justice Rhodes expressed an opinion.