Arrington v. Tupper

Citations

• 10 Cal. 464

Syllabus

<p>To a complaint verified, the defendant filed a copy of the original verified answer by mistake; parties took depositions under the pleading, and subsequently went to trial. After the close of the plaintiff's evidence, his counsel, then, for the first time, brought the mistake to the notice of the Court, by moving for judgment by default, which motion the Court sustained, and refused to allow defendant to then verify his answer: Held, that the Court erred, and should have allowed the defendant to have verified his answer.</p>