Richardson v. Smith

Citations

• 29 Cal. 529

Syllabus

<p>Denials in an Answer.—If the complaint, in an action to recover the possession of personal property, avers that the “ plaintiff was the owner and in possession of the property,” this averment is not traversed by an answer which denies that the “ plaintiff was the owner and entitled to the possession of the property.”</p> <p>Same.—If the plaintiff, in his complaint in an action to recover the possession of personal property, avers that the u defendant wrongfully took the property from the plaintiff's possession, and from thence to the time the action was commenced, wrongfully detained the same property from him/' and the defendant, in his answer, denies “ that the defendant at any time wrongfully took and detained the property from the plaintiff,” the allegation in the complaint is to be deemed admitted.</p> <p>Answer setting up Seizure op Goods by Attachment.—An answer justifying the seizure of personal property by virtue of a writ of attachment issued against a person other than the plaintiff, does not state facts constituting a defense, if it fails to allege that the defendant in the attachment suit was the owner of the property.</p> <p>Insufficient Denial in Answer.—If the answer does not traverse the material allegations of the complaint, and the new matter contained in it does not state facts sufficient to constitute a defense, and the pleadings are not verified, a closing</p> <p>denial stating that “the defendants deny each and every allegation set forth in plaintiff’s complaint not consistent with the foregoing answer,” fails to raise any issue.</p>