Kirstein v. Madden
California Supreme Court
Appeal from the District Court of the Fifteenth District, City and County of San Francisco. The plaintiff, a married woman, complained that her husband, one of the defendants, had sold to Madden, the other defendant, a lot of land which was of her separate estate, and prayed the injunction of the Court to prevent the consummation of the sale by execution of deed. The complaint was verified. The husband entered no appearance to this complaint.
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Appeal from the District Court of the Fifteenth District, City and County of San Francisco. The plaintiff, a married woman, complained that her husband, one of the defendants, had sold to Madden, the other defendant, a lot of land which was of her separate estate, and prayed the injunction of the Court to prevent the consummation of the sale by execution of deed. The complaint was verified. The husband entered no appearance to this complaint. Madden answered that he had no information or belief as to whether the lot was of her separate estate or not, and for that reason denied that it was. He…
1Opinion of the Court
Sawyer, C. J.,,delivered the opinion of the Court:
The affidavit and papers on the motion for leave to amend the answer, we think, upon the whole, are sufficiently referred to and identified in the statement on appeal to make them a part of it, and entitle them to consideration. The denials of the first answer were insufficient to raise an issue, and their sufficiency was properly tested on the motion for judg*163ment. The statement shows that, upon that motion, the defendant, Madden, offered to verify and file an amended answer, and asked leave to do so, upon an affidavit manifesting his good…
2Cases cited3 opinions
- Jones v. City of PetalumaCalifornia Supreme Court · 1868
- Roussin v. StewartCalifornia Supreme Court · 1867
- Vassault v. AustinCalifornia Supreme Court · 1867
3Cited by6 opinions
- Farmers' Natl. Gold Bank v. StoverCalifornia Supreme Court · 1882
- Burns v. ScooffyCalifornia Supreme Court · 1893
- Robinson v. RispinCalifornia Court of Appeal · 1917
- Reynolds v. MeadCalifornia Court of Appeal · 1944
- Seehorn v. Big Meadows & Bodie Wagon Road Co.California Supreme Court · 1882
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