Hill v. Smith
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, Placer County. This action was commenced. May 26th, 1863. The complaint averred the excavation of a ditch for the conveyance of water for mining purposes from Indian Canon to Iowa Hill, by plaintiff’s grantor, in 1852, and the continuous use of the water of the cañón in the ditch from that time up to the commencement of the suit; and that at the time the ditch was dug the water flowed down in a clear state,…
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Appeal from the District Court, Fourteenth Judicial District, Placer County. This action was commenced. May 26th, 1863. The complaint averred the excavation of a ditch for the conveyance of water for mining purposes from Indian Canon to Iowa Hill, by plaintiff’s grantor, in 1852, and the continuous use of the water of the cañón in the ditch from that time up to the commencement of the suit; and that at the time the ditch was dug the water flowed down in a clear state, without any mixture of mud or sediment, and so remained until the acts of defendant complained of; and that the water, when in…
1Opinion of the Court
By the Court, Sanderson, C. J.
The objection to the form in which many of the allegations contained in the complaint are denied is not a substantial one, in our judgment. Any form of denial which fairly meets and traverses the allegation is admissible. Suppose it is alleged in a complaint that the defendant at a certain time made and delivered to the plaintiff his certain promissory note, etc. Is not this allegation as directly and fairly traversed by saying: “ I did not at the time specified, or at any other time, make or deliver to the plaintiff the note described in the complaint,” as by…
2Cited by28 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- State Water Resources Control Board CasesCalifornia Court of Appeal · 2006
- Joerger v. Pacific Gas & Electric Co.California Supreme Court · 1929
- Wright v. BestCalifornia Supreme Court · 1942
- Lux v. HagginCalifornia Supreme Court · 1886
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