Morehouse v. Morehouse
California Supreme Court
The facts are stated in the opinion of the court. Geis & Albery, and Mastick, Van Fleet & Mastick, for Appellant. The general objection to the evidence was not sufficient, it being in effect that the matter was not pleaded. (Wise v. Wakefield, 118 Cal. 107, 110; Clarke v. Huber, 25 Cal. 593, 598; Howland v. Oakland etc. R. R. Co., 110 Cal. 513, 519-521; Burlington Ins.
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The facts are stated in the opinion of the court. Geis & Albery, and Mastick, Van Fleet & Mastick, for Appellant. The general objection to the evidence was not sufficient, it being in effect that the matter was not pleaded. (Wise v. Wakefield, 118 Cal. 107, 110; Clarke v. Huber, 25 Cal. 593, 598; Howland v. Oakland etc. R. R. Co., 110 Cal. 513, 519-521; Burlington Ins. Co. v. Miller, 60 Fed. 254; Ogden v. Weaver, 108 Fed. 564, 569.) The plaintiff is deemed to have pleaded any matter in avoidance of the plea of the statute of limitations. (Fox v. Tay, 89 Cal. 339, 344; Williams v. Dennison, 94…
1Opinion of the CourtMcFARLAND, J.
This is an action by plaintiff against the defendant as administratrix of LeGrande Morehouse, deceased, to recover five thousand dollars upon a contract alleged to have been made by and between plaintiff and said deceased in his lifetime. A claim for the alleged cause of action was presented to defendant and was by her rejected. The trial court first rendered judgment in favor of plaintiff; but afterwards a new trial was granted up on. motion of defendant, and plaintiff appeals from the order granting a new trial.
It is averred in the complaint that during the lifetime of said LeGrande…
2Cases cited4 opinions
- Rodgers v. ByersCalifornia Supreme Court · 1900
- Nightingale v. ScannellCalifornia Supreme Court · 1861
- Swan v. ThompsonCalifornia Supreme Court · 1899
- Arnold v. Producers' Fruit Co.California Supreme Court · 1900
3Cited by23 opinions
- People v. TerryCalifornia Supreme Court · 1962
- Tabata v. MuraneCalifornia Supreme Court · 1944
- Van Buskirk v. KuhnsCalifornia Supreme Court · 1913
- People v. AsavisCalifornia Court of Appeal · 1937
- Bechtel v. ChaseCalifornia Supreme Court · 1909
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