Brown v. Scott

Citations

• 25 Cal. 189

Syllabus

<p>Denial of Allegations of Swobn Complaint. — If the allegations of a verified complaint are presumptively within the knowledge of the defendant, a denial of the same in the answer, according to his best knowledge, information, and belief, is evasive of the issue tendered.</p> <p>Same.—Where a material fact stated in a verified complaint is denied upon information and belief, the answer should state how it happened that the defendant is without knowledge as to the fact averred.</p> <p>Assignment of Judgment.—The assignment of a judgment which is void because the amount for which it was rendered was beyond the jurisdiction of the Court, carries with it the debt on which it was obtained.</p> <p>Purchaser of Void Judgment.— One who purchases a void judgment, and contracts with the assignor to pay him therefor, and afterwards uses the judgment in payment for property of the defendant, sold under executions issued on this and other judgments, cannot, when sued on his contract for the purchase money, avoid Ms liability on the ground that the judgment was void and of no value to him.</p>