McCullough v. Clark
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, Sutter County. March ■ 20th, 1868, Alfred Briggs recovered a judgment in the District Court of the Sixth District, Sacramento County, for three thousand six hundred and twenty-eight dollars and twelve cents. On the 15th of May, 1868, the Judge of said Court made an order for said McCullough and Knobland to appear before a referee to answer concerning their property.
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Appeal from the District Court of the Tenth Judicial District, Sutter County. March ■ 20th, 1868, Alfred Briggs recovered a judgment in the District Court of the Sixth District, Sacramento County, for three thousand six hundred and twenty-eight dollars and twelve cents. On the 15th of May, 1868, the Judge of said Court made an order for said McCullough and Knobland to appear before a referee to answer concerning their property. The Sheriffj the defendant here, advertised the policy for sale, and this action was commenced to obtain judgment for a return of the policy, or, if return could not…
1Opinion of the Court
By the Court, Crockett, J.:
If the answer of the defendant was not properly verified, the plaintiff should have moved in the Court below, either to strike out the answer, or for judgment as for want of an answer. But after going to trial on the merits without objection to the verification, he will not be allowed to raise the point, for the first time, in this Court. He must be held to have waived all objection to the verification by his failure to except to it at the proper time. The principal question in the case is whether or not the adjudication of the District Court in the proceeding…
2Cases cited1 opinion
- Briggs v. McCulloughCalifornia Supreme Court · 1869
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