Perkins v. Brock
Citations
- 80 Cal. 320
- 22 P. 194
- 1889 Cal. LEXIS 911
Syllabus
<p>Pleading — Inconsistent Allegations in the Same Count of the Complaint. — If the plaintiff places inconsistent allegations in the same count of his complaint, and the defendant does not choose to demur for uncertainty, it is sufficient for him to deny the allegation which he wishes to controvert, leaving the other unnoticed.</p> <p>Id.—Traverse in Affirmative Words.—It is not necessary that a traverse should be in negative words. An averment in the answer of the contrary of what is alleged in the complaint is equivalent to a denial. Even where the averment is not of the direct contrary of the allegation, but is inconsistent with its truth, it may, under certain circumstance, be held to raise an issue. So held where plaintiff took no proceeding in the court below to test the sufficiency of the answer.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “A fundamental requirement of due process in any proceeding which is to be accorded finality is notice that is reasonably calculated to inform interested parties of an impending hearing and afford them an opportunity to present their objections.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hayne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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