Harney v. McLeran

Citations

• 66 Cal. 34
• 4 P. 884
• 1884 Cal. LEXIS 674

Syllabus

<p>Street Assessment—Nonsuit.—In an action to recover a street assessment, where defendant’s ownership of the property assessed is alleged in the complaint and denied by the answer, a nonsuit should be granted if the plaintiff introduces no evidence in support of the allegation.</p> <p>Id .—Practice—Pleading—Defective Averment—Motion to Strike Out. —In such an action, an averment in the answer that the defendant had not sufficient information or belief on the subject of his ownership of the property assessed, to enable him to answer the plaintiff’s allegation of his ownership, and therefore denies the same, is a sufficient denial, where no motion is made to strike it out.</p> <p>Id.—Demurrer,—An objection to a pleading that it is uncertain, should be taken by demurrer. '</p> <p>Id.—Findings.—Where a plaintiff is nonsuited, written findings are not required.</p>