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· 7/1/1861

Wallace v. Bear River Water & Mining Co.

Citations

  • 18 Cal. 461
  • 1861 Cal. LEXIS 234

Syllabus

<p>A plea, professing to answer the whole complaint, but in fact only answering one of the two counts, is bad. This was the rule at common law, and it applies under our system.</p> <p>Though certain defenses, by way of set-off, are pleaded in the answer in a very informal and inartificial manner, still, if the facts showing that they constitute valid claims against the plaintiff are sufficiently stated, the defenses ought not to be struck out. See facts.</p>

Judges: Cope

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