Curtis v. Richards & Vantine

Citations

• 9 Cal. 33

Syllabus

<p>There are but two forms in which a defendant can controvert the allegations of a verified complaint; first, positively, when tho facts are within his personal knowledge, and second, upon information and belief, when they are not.</p> <p>In no case can tho allegation of a verified complaint be controverted by a denial of sufficient knowledge or information upon the subject, to form a belief.</p> <p>The denial of any indebtedness, without a denial of any of the facts from which that indebtedness follows as a conclusion of law, raises no issue.</p> <p>An undertaking on an appeal is an independent contract on the part of the sureties, in which it is not necessary that the appellant should unite.</p> <p>Whether the Superior Court of the city of San Francisco had jurisdiction to render a judgment over two hundred dollars, is no longer an open question : Held, that it had. such jurisdiction on the principle of stare deeisis.</p>