Goodwin v. Goodwin
California Supreme Court
Appeal from an order sustaining defendant’s demurrer to plaintiff’s amended complaint, and from a judgment for defendant, in the Superior Court of Sutter County. Keyser, J.
1Opinion of the Court
The Court:
Even if it be admitted—and except for the purposes of this decision we do not admit it (see Estate of Gharky, 57 Cal. 274)—that “ undue influence” is an ultimate fact, to be pleaded Ms verbis, still the complaint is insufficient.
The allegation in the complaint is: “ Said defendant, contriving and intending to defraud said Jesse O. Goodwin of his said property, attempted to and did, without just cause, prejudice the mind of said Jesse 0. Goodwin against his relatives, and especially the plaintiff, and by means of false representations and improper and undue influence, aided by the…
2Cases cited2 opinions
- In re Estate of GharkyCalifornia Supreme Court · 1881
- City of Oakland v. CarpentierCalifornia Supreme Court · 1863
3Cited by14 opinions
- Wilson v. McConnachieCalifornia Supreme Court · 1897
- Campbell v. GenshleaCalifornia Supreme Court · 1919
- Carpenter v. BaileyCalifornia Supreme Court · 1892
- Donovan v. DonovanCalifornia Supreme Court · 1903
- McNabb v. BrewsterIdaho Supreme Court · 1954
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