Woodruff Machinery Manufacturing Co. v. Griffin

1. A defendant may, as a matter of right, at any stage of the proceedings, amend his pica by striking allegations therefrom; and where, by amendment, the defendant in an action of trover struck from his original answer all admissions dispensing with proof, the burden was upon the plaintiff to show either demand and refusal, or conversion, by the defendant. There was evidence from which the jury could infer that there had been no demand and refusal, and no conversion, and the verdict in favor of the defendant was therefore not unauthorized.

2. Conceding that under section 4494 of the Civil Code…