Marsters v. Lash

Citations

• 61 Cal. 622
• 1882 Cal. LEXIS 676

Syllabus

<p>Presumption as to Law of Foreign State.—In the absence of proof of the law of a foreign State, the presumption is that such law is the same as the law of this State, and not that it is the same as the common law.</p> <p>The Findings must Cover the Issues.—On the issues joined by the pleadings, as to the title to each part of the property sued for, there should be clear and distinct findings of the ultimate facts on which the title or claim of title of each party to such property and each part thereof is vested; otherwise the judgment will be reversed for want of findings.</p> <p>Evasive Denial in Pleadings.—A denial of the value of property sued for in the terms of the allegation is evasive, and in fact no denial at all.</p> <p>General and Specific Denials.—In a case where a general denial may be interposed, if the pleader does not plead it, but resorts to specific denials, such specific denials must be actual denials, and not evasive.</p> <p>Exceptions to the Rulings oe the Trial Court as to Admission of Evidence.—Alleged errors in the rulings of the Court below, as to the admissibility of evidence, can not be considered on appeal if no exceptions were reserved to such rulings.</p>