Musso v. Triplett

OPINION

By the Court,

McNamee, J.:

An unverified complaint in unlawful detainer seeking restitution of real property was filed in the lower court by respondents. Thereafter there was filed an unverified answer and counterclaim thereto, and an unverified reply to the counterclaim.

After certain discovery proceedings which resulted in the obtaining of admissions from appellant, respondents moved for summary judgment. The parties without objection appeared before the court for a pre-trial conference and an order resulted therefrom. On December 20, 1961, the day set for trial and for the hearing of…