Wells v. McPike

Citations

• 21 Cal. 215

Syllabus

<p>Is answer to a verified complaint in assumpsit a denial of tlie indebtedness merely, without a denial of the facts which show the existence of the indebtedness, is but a denial of a conclusion of law and raises no issue.</p> <p>The admission by the Court, under the objection of defendants, of improper evidence offered by plaintiff to prove a fact alleged in his complaint and not denied in the answer is no cause for granting a new trial.</p>