Doll v. Good

Citations

• 38 Cal. 287
• 1869 Cal. LEXIS 150

Syllabus

<p>Pleading.—The rules of pleading, under our system, are intended to prevent evasion, and to require a denial of every averment in a sworn complaint, in substance and in spirit, and not merely a denial of its literal truth; and when the defendant fails to make such denials he admits the averment.</p> <p>Idem—Denial of Allegations Conjunctively Stated.—If several material facts are stated conjunctively in a verified complaint, an answer which undertakes to deny these averments as a whole, conjunctively stated, is evasive, and an admission of the allegation thus attempted to be denied.</p> <p>Idem.—The allegation of a complaint, that M., at the time of his death, owned and was in possession of twenty-two head of work oxen, each worth S75, is not put in issue by a denial “that M., at the time of his death, was in the possession of, or the owner of, twenty-two head of work oxen, worth S75 per head.” On the contrary, it is evasive, and equivalent to an admission of the allegation. Practice. — Whenever the answer fails to deny any of the material allegations of the complaint in such form as to put the same in issue, the plaintiff is entitled to judgment upon the pleadings.</p>