Castro v. Richardson
California Supreme Court
Appeal from the Third District. Defendants demurred to the complaint, on the ground, among others, that it did not state facts sufficient to constitute a cause of action. Overruled, and answer filed. When the cause was called for trial, plaintiff objected verbally that the verification to the answer was insufficient, and so the Court decided; and the plaintiff submitted the case, and moved for judgment on the pleadings.
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Appeal from the Third District. Defendants demurred to the complaint, on the ground, among others, that it did not state facts sufficient to constitute a cause of action. Overruled, and answer filed. When the cause was called for trial, plaintiff objected verbally that the verification to the answer was insufficient, and so the Court decided; and the plaintiff submitted the case, and moved for judgment on the pleadings. The defendants not offering to verify or amend their answer, judgment was accordingly rendered for plaintiff. Defendants appeal.
1Opinion of the CourtCope, J.
Baldwin, J. concurring.
This.is an action to recover a tract of land in the county of Santa Clara, and the plantiff has undertaken to set forth in the complaint a specific deraignment of his title. One of the links in the chain of title is an instrument purporting to be a will, but whether this instrument has ever been admitted to probate, does not appear. The plaintiff might have stated his title in general terms, and avoided any question as to its sufficiency arising upon the complaint; but having chosen to pursue a different course, and undertaken to set out the particular facts upon which…
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