Carpenter v. Hewel

Citations

• 67 Cal. 589
• 8 P. 314
• 1885 Cal. LEXIS 701

Syllabus

<p>New Trial—Notice op Intention—Time op Filing—Notice op Decision— Statement—Appeal.—An appeal from an order refusing a new trial will not be dismissed on the ground that the notice of intention was not filed in time, where the record fails to show that notice of the decision was served on the appellant or his attorney, and no objection was made by the respondent in the lower court to the settlement of the statement on the motion.</p> <p>Pleading—Counter-claim.—A counter-claim must be denominated as such in the answer in order to be effective.</p> <p>Id.—Ejectment—Use and Occupation—Rent.—In an action of ejectment, the defendant, after denying the ownership of the plaintiff, and averring title in himself, set up a lease of the premises in controversy by himself to the plaintiff, and an indebtedness by the latter for rent accruing under the lease. Meld, that such indebtedness could not be pleaded as a counter-claim.</p>