Fish v. Redington

Citations

• 31 Cal. 185

Syllabus

<p>Denial of Allegations Conjunctively Stated.—If several material facts arc stated conjunctively in a verified complaint, an answer which undertakes to deny these averments as a whole, as conjunctively stated, is evasive, and an admission of the allegations thus attempted to be denied.</p> <p>Specific Denials in Answer.—An answer to a verified complaint which undertakes to deny material allegations, should contain a specific denial to each allegation controverted.</p> <p>Amemdhent of Answer when it has Failed to Deny.—Upon the trial, every material allegation of the complaint not specifically controverted is to be taken as true; but if the defendant supposed he had denied material allegations, and the Court sustained his view of the answer, the appellate Court, when it reverses the judgment, may allow the Court below to exercise its discretion in permitting the answer to be amended.</p>