California Supreme Court July 1, 1858 (Gallagher v. Delaney)

Baldwin, J., delivered the opinion of the Court

Terry, C. J., and Field, J., concurring.

In this case, the Court below rendered final judgment on the defendant’s demurrer, and dismissed the complaint. The judgment should have been sustaining the demurrer, with leave to the plaintiff to amend; and, if he declined, then judgment final.