LEE v. HENSLEY

Docket No. 4093.

103 Cal.App.2d 697 (1951)

230 P.2d 159

JOHN F. LEE, Appellant, v. WILLIAM J. HENSLEY et al., Respondents; MARGARET K. HERSEY, as Administratrix With Will Annexed (Substituted Respondent).

Court of Appeals of California, Fourth District.

April 23, 1951.


Attorney(s) appearing for the Case

Victor E. Cappa, Fred Rosser, Burum, Young & Wooldridge for Appellant.

Siemon & Siemon for Respondents.


GRIFFIN, J.

This appeal comes to us on the judgment roll alone, consisting of a second amended complaint, a general and special demurrer thereto, and a judgment of dismissal predicated upon an order sustaining the demurrer without leave to amend.

The main question is the sufficiency of the complaint, as amended, to constitute a cause of action. It alleges generally that plaintiff is an Indian member of the Cherokee Indian Nation; that William J. Hensley, hereinafter...

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