Crocker v. Carpenter

Citations

• 98 Cal. 418
• 33 P. 271
• 1893 Cal. LEXIS 937

Syllabus

<p>Action to Determine Adverse Claim—Equitable Defense — Specific Performance— Jury Trial.—In an action under section 738 of the Code of Civil Procedure, to determine an adverse claim to real property, where the defendants admit the legal title to the land to be in the plaintiffs, and claim a right to the possession of the land under am alleged agreement for, the sale of the land made by the predecessor of plaintiffs, to which they claim to have succeeded by assignment, and which they, in effect, ask to have specifically performed, the defendants are not entitled to a jury for the trial of the equitable issues thus presented.</p> <p>General Objection to Evidence—Particular Objection not Urged—Review upon Appeal.—Where a general objection to the admission of evidence is overruled by the trial court, the party against whom the ruling is made cannot be permitted for the first time to urge in the appellate court a particular objection which, if it had been openly urged in the trial court at the time of the ruling complained of, might have been easily cured.</p> <p>Id Admissions of Unverified Answers—Knowledge of Defendants—Where unverified answers in a former action are offered in evidence as admissions of the defendants, and are objected to generally as incompetent, irrelevant, and immaterial, and as not being in rebuttal, it cannot be urged on appeal for the first time that the proper foundation had not been laid for the admissions by proof that the facts stated in the answers were inserted with the knowledge of the defendants.</p>