Raker v. Bucher

Citations

• 100 Cal. 214
• 34 P. 654
• 1893 Cal. LEXIS 771

Syllabus

<p>Judgment Upon Pleadings—Clerical Error in Answer—Denial op Motion.—Where it is evident that the word “ when” as used in one o£ the denials of an answer is a clerical error, and was intended to be “where,” it will be so read; and a motion for judgment upon the pleadings based upon such clerical error, which loses its force by the correction of the error is properly denied.</p> <p>Action Against Sheriff—Selling Property Without Notice—Evidence —Sheriff’s Return—Admission of Falsity—Finding Against Evidence.—A sheriff’s return upon a writ of execution certifying that he sold the property after due notice is only prima facie evidence in his favor in an action against him for selling the property without notice, and the returns may be overcome by only slight evidence aliunde; and when it is not disputed that the sheriff has himself admitted the falsity of the return, a finding that its recitals are true, based upon no other evidence than the return itself, cannot be sustained.</p>