Gillam v. Sigman

Citations

• 29 Cal. 637

Syllabus

<p>Objection to Misjoinder of Parties Plaintiff.—The objection that too many persons are joined as plaintiffs must be taken advantage of by demurrer, if it appear on the face of the complaint, and if it does not so appear, by answer, or the same is waived.</p> <p>Amendment to Answer during Trial.—If the defendant does not know that too many persons are joined as plaintiffs until the same appears in evidence, he should then apply for leave to amend his answer.</p> <p>Denial does not raise issue of Misjoinder of Plaintiffs.—Where, two are joined as plaintiffs in an action for the recovery of possession of land, a denial in the answer that the plaintiffs were in possession of the land, does not present the issue of a misjoinder of either of the plaintiffs.</p> <p>Proof of a Conversation.—If the plaintiff, during a trial, draws out of one of his witnesses part of a conversation between the plaintiff and another person, the defendant is entitled to prove by his witnesses the whole conversation.</p> <p>Conversations in Evidence.—A declaration made by a third person to and in the presence of the parties engaged in a controversy, at the time of the doing of an act by one of them that becomes the subject of an action, is admissible in evidence, and becomes a part of the res gestse.</p> <p>Complaint in Forcible Entry and Detainer.—A complaint in forcible entry and detainer should not contain allegations respecting the defendant’s appropriation of personal property.</p>