Wells v. McPike
California Supreme Court
Appeal from the Fifth Judicial District. The complaint avers, that on the twenty-first day of June, 1860, “ the said defendants were indebted to the said plaintiff for two hundred and sixty-six head of beef cattle, which were of the value of and for which the said defendants agreed to pay the sum of $10,010, being at the rate and price of thirty-five dollars each, which cattle had been before that time sold and delivered to the said defendants; ” that the cattle were…
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Appeal from the Fifth Judicial District. The complaint avers, that on the twenty-first day of June, 1860, “ the said defendants were indebted to the said plaintiff for two hundred and sixty-six head of beef cattle, which were of the value of and for which the said defendants agreed to pay the sum of $10,010, being at the rate and price of thirty-five dollars each, which cattle had been before that time sold and delivered to the said defendants; ” that the cattle were delivered some in Utah Territory and some in Stanislaus County; that “ being so indebted the defendants afterwards, on the day…
1Opinion of the CourtNorton, J.
Field, C. J. concurring.
It was not error to deny the motion for nonsuit. The answer did not deny the sale of the cattle at an agreed price, which is the cause of action set forth in the complaint. A denial of the indebtedness, without a denial of the facts which show the existence of the indebtedness, is but a denial of a conclusion of law, and raises no issue. But the denial of the indebtedness was not sufficient under the authority of the case of Higgins v. Wortell (18 Cal. 330).
*219The two other objections which are discussed in the briefs do not appear in the record in such a form as to be…
2Cases cited1 opinion
- Higgins v. WortellCalifornia Supreme Court · 1861
3Cited by4 opinions
- Gray v. ElblingNebraska Supreme Court · 1892
- Redmond v. WeismannCalifornia Supreme Court · 1888
- Stewart v. BuddMontana Supreme Court · 1888
- Bistline v. HartwigsenIdaho Supreme Court · 1924