Tracy v. Craig

Citations

• 55 Cal. 91

Syllabus

<p>Pleading—Answer—Practice—Finding.—The answer of one of the defendants failed to deny a material fact alleged in the conyplaint, hut the answer was not demurred to, nor was any motion made for judgment on the pleadings; and the case was tried, as if he, like the other defendants, had sufficiently denied the allegations of the complaint; and the findings were in favor of the defendants generally. Held, that it was error in the Court to find in favor of the defendant referred to upon an allegation of the complaint which he did not deny.</p> <p>Evidence.—Certain evidence referred to in the opinion held to have been erroneously excluded.</p> <p>Trustee—Fiduciary—Administrator’s Sale — Constructive Fraud.—For its views upon the main question involved in the case the Court refers to the opinion in Tracy v. Colby, 55 Cal. 67.</p>