White v. Moses
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. Plaintiffs, as executors of O. B. White, deceased, commenced an action of ejectment against defendants for seven-sixteenths of a certain fifty vara lot in San Francisco. Defendants answered, denying generally the ■ allegations of the complaint, and setting up title in J. T. Limantour.
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Appeal from the District Court of the Twelfth Judicial District, County of San Francisco. Plaintiffs, as executors of O. B. White, deceased, commenced an action of ejectment against defendants for seven-sixteenths of a certain fifty vara lot in San Francisco. Defendants answered, denying generally the ■ allegations of the complaint, and setting up title in J. T. Limantour. A nonsuit was entered, on the ground that the plaintiffs had not established their character as executors, and afterwards, on the application of the plaintiffs, the judgment of nonsuit was vacated and a new trial granted.…
1Opinion of the Court
Terry, C. J., after stating the facts, delivered the opinion of the Court
2ConcurrenceBaldwin, J.
Under the pleadings of the case, no proof of the appointment of plaintiffs as executors was necessary. Under our system of practice, a general denial is equivalent to the general issue at common law, and it does not put in issue the plaintiff’s title to sue. (See 5 Phil. Ev. 359 ; 15 Johns. 208.)
Judgment affirmed.
3Cases cited1 opinion
- Carpenter & Rose v. WhitmanNew York Supreme Court · 1818
4Cited by1 opinion
- Buckmaster v. WilliamsSupreme Court of Colorado · 1923