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CARNEY v. SIMMONDS

Docket No. S.F. 19375.

49 Cal.2d 84 (1957)

315 P.2d 305

FLORENCE E. CARNEY, as Administratrix, etc., Plaintiff and Appellant, v. ANNA SIMMONDS et al., Defendants and Appellants.

Supreme Court of California. In Bank.

September 17, 1957.

Attorney(s) appearing for the Case

Eugene S. Clifford and Heller, Ehrman, White & McAuliffe for Plaintiff and Appellant.

Jacobsen & Tobin and Harold W. Tobin for Defendants and Appellants.

CARTER, J.

In this case plaintiff commenced an action which she entitled one for the partition of real property against defendants. Defendants' demurrer was overruled and plaintiff filed an amended complaint. No demurrer was filed to the amended complaint; it was answered, defendants claiming among other things that it did not state a cause of action. When it came on for trial defendants moved for a "judgment on the pleadings" on the ground that the amended complaint...

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