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· 7/1/1866

Miles v. McDermott

Citations

  • 31 Cal. 271

Syllabus

<p>Publication op Notice to grade Street.— A resolution of the Board of Supervisors of San Francisco declaratory of their intention to perform work on a street, need he published only ten days, Sundays included.</p> <p>Issuable and Probative Facts in Pleading.—Ultimate facts only, and not such as are probative, should be stated in pleadings.</p> <p>Surplus Words in Pleading.—The words “ duly/’ “ wrongfully,” and “ unlawfully,” when used in connection with issuable facts, while they do not vitiate a pleading, are surplusage, and had better be omitted.</p>

Judges: Sanderson

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