Fox v. Fox

Citations

• 25 Cal. 587
• 1864 Cal. LEXIS 72

Syllabus

<p>Pleadings in Divorce Suit.—If the complaint in an action to obtain a divorce avers the marriage of plaintiff and defendant, and the answer does not deny the averment, it is an admission of the fact for the purposes of the trial, and the marriage need not be proved.</p> <p>Finding of Facts.—Facts averred in the complaint and not denied in the answer, are not required to be found by the Court.</p> <p>Declarations as Evidence.—If the deposition of a witness has been introduced on behalf of one party, the other may prove his confessions or declarations for the purpose of contradicting his deposition or impeaching his credit.</p> <p>Objection to a Question.—An inquiry of a witness, whether he has heard a person, not a party to the suit, say anything about the matter in controversy, is not objectionable. If such question, merely, is objected to, and the witness afterwards states what the conversation was, the evidence will be allowed to remain, unless the other party objects to the testimony or moves to strike it out.</p>