Dutch Flat Water Co. v. Mooney

Ejectment for mining claims. Defendant answered, averring that the plaintiff had lost whatever right he had by a failure to comply with the rules, regulations and customs of the mining district. To this loose and general allegation the defendant demurred. The Court overruled the demurrer. The parties are entitled to a definite issue upon which the case can be intelligently tried. The object of pleading is to apprise the adverse party of the distinct subject matter of averment or defense intended to be relied on. If the matter itself be good—which is not a little questionable—the manner of its…