Hanscom v. Tower
California Supreme Court
Appeal from the Ninth District. Suit upon a note. The answer plead defendant’s discharge in insolvency, setting forth the usual proceedings in such cases, copying the decree of discharge, etc.
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Appeal from the Ninth District. Suit upon a note. The answer plead defendant’s discharge in insolvency, setting forth the usual proceedings in such cases, copying the decree of discharge, etc. Plaintiff demurred to the answer on the grounds, among others, that it did not allege that the note sued on was particularly described in defendant’s petition and schedule in insolvency, and also that the debt is set forth in defendant’s schedule as payable to plaintiff, then a resident of Maine, and that it did not appear that any attorney was appointed to represent him. Demurrer overruled. On the…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
The appeal from the order refusing a new trial brings up the whole record, and there is nothing in the point that error cannot be assigned upon the judgment roll. The objections to the answer are met by the fifty-ninth section of the Practice Act, which reads as follows: “ In pleading a judgment, or other determination of a Court or officer of especial jurisdiction, it shall not be necessary to state the facts conferring jurisdiction ; but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted,…
2Cited by2 opinions
- Bornheimer v. BaldwinCalifornia Supreme Court · 1871
- Walden v. MurdockCalifornia Supreme Court · 1863