Herold v. Smith

Citations

• 34 Cal. 122

Syllabus

<p>Pleading—A Counter Claim, or Matter in Avoidance, set up in Answer.— A counter claim, or matter in avoidance, set up in answer, need not be denied by plaintiff, to put defendant upon his proof. The rule is the same as before the amendments of 1866.</p> <p>Idem—Cross Complaint.—When the answer contains a cross complaint, authorized by the amendments of 1866, it must he rejilied to, or the matters therein alleged will be taken as confessed.</p>