Halleck v. Mixer
California Supreme Court
Appeal from the Sixth District. The facts appear in the opinion. The demurrer was sustained and judgment rendered for defendants for possession of the wood, or if that could not be had, for its value, with three hundred dollars damages for detention. Plaintiffs appeal.
1Opinion of the CourtField, C. J.
Baldwin, J. and Cope, J. concurring.
The complaint in this case is subject to a criticism which is applicable to a large number of complaints coming before this Court. It assumes, in some of its allegations, facts which should themselves have been distinctly and separately stated. Thus, it alleges that the testator was seized and possessed of certain premises at the time of his death, on the nineteenth of July, 1855, and that the plaintiffs were appointed the executors of his last will and testament, without averring, in direct terms, either previously or subsequently, the fact of the…
2Cases cited2 opinions
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
- Davis v. EasleyIllinois Supreme Court · 1851
3Cited by47 opinions
- Page v. FowlerCalifornia Supreme Court · 1870
- Ophir Silver Mining Co. v. Superior CourtCalifornia Supreme Court · 1905
- McFeters v. PiersonSupreme Court of Colorado · 1890
- McLeran v. BentonCalifornia Supreme Court · 1887
- Lieberman v. ClarkTennessee Supreme Court · 1904
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