Glazes v. Clift

Citations

• 10 Cal. 303

Syllabus

<p>An officer, in order to justify the seizure of property in the possession of a stranger to the writ which he has executed, must plead specially such justification. fíe can not justify under a general denial of the allegations of the complaint.</p> <p>The general denial only puts in issue the allegations of the complaint. New matter must be specially pleaded, and new matter is that which the defendant must affirmatively establish.</p>