Forbes v. County of El Dorado

Citations

• 2 Cal. Unrep. 219

Syllabus

<p>Pleading—Verifications—Execution of Assignments.—Section 447 of the Code of Civil Procedure, in relation to pleadings, does not make invalid an unverified answer denying the genuineness and due execution of an assignment, but rather of an instrument that may be assigned.</p> <p>Pleading—Verification—Execution of Assignment.—Under section 447 of the Code of Civil Procedure it is not essential that a defendant swear to his denial of the genuineness and due execution of the assignment of an instrument, when the complaint contains no copy of the instrument and the assignment.</p> <p>Pleading.—A Denial on Information and Belief is not Good when the reference is to matters of which the defendant must have knowledge, but the court cannot assume a knowledge on the part of the defendant that at the time of the institution of the action the plaintiff was owner of the instrument sued upon.1</p>