BARNES v. WITT

Docket No. 132.

207 Cal.App.2d 441 (1962)

24 Cal. Rptr. 545

PANCHO BARNES et al., Plaintiffs and Appellants, v. HARDEE N. WITT, Defendant and Appellant.

Court of Appeals of California, Fifth District.

September 4, 1962.


Attorney(s) appearing for the Case

Pancho Barnes and E.S. McKendry, in pro. per., for Plaintiffs and Appellants.

Mack, Bianco, King & Eyherabide and H.C. Mack, Jr., for Defendant and Respondent.


CONLEY, P.J.

The trial court sustained a demurrer to the first amended complaint without leave to amend and entered a judgment in favor of the defendant. The plaintiffs' main contention on appeal appears to be that the court erred in setting aside an earlier default of the defendant. The appellants also contend that the court's ruling on the demurrer was erroneous, particularly because it was without leave to amend.

The original complaint in the case was filed...

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