E. M. Derby & Co. v. Jackman

Citations

• 89 Cal. 1
• 26 P. 610
• 1891 Cal. LEXIS 755

Syllabus

<p>Judgment on Pleadings — Recitals in Judgment — Review upon Appeal. — Recitals in a judgment on the pleadings of the motion for the judgment, the grounds of the motion, the ruling upon it, and the entry of judgment as a consequence, are properly in the judgment, and upon an appeal therefrom, and in the absence of a bill of exceptions, must be taken as conclusive evidence of the action of the trial court.</p> <p>Id. — Estates of Decedents — Presentation of Claim — Pleading — Sufficiency of Denial. — In an action upon a claim against an estate, an allegation that the claim, duly verified, had been presented, is sufficiently denied by an affirmative allegation in the answer, that the claim was not verified or presented as required by the statute, and such averment raises a material issue, sufficient to render erroneous a judgment for plaintiff, upon the pleadings.</p> <p>Id.—Death during Pendency of Action — Presentation of Claim — Requirement of Proof. —Under section 1502 of the Code of Civil Procedure, providing that if an action is pending against a decedent at the time of his death, the plaintiff must present his claim, and that no recovery shall be had in the action Unless proof be made of the presentation, the presentation of the claim must he proved in such case, although not denied in the answer, and no judgment for the plaintiff can be properly rendered upon the pleadings.</p>