Hicks v. Green

California Supreme Court July 1, 1858

Hicks v. Green, 9 Cal. 74 (Cal. 1858)

Burnett, Terry

Opinion of the Court

Terry, C. J., delivered the opinion of the Court—Burnett, J., concurring.

The findings of the Court, which are supported by the evidence, fully establish the plaintiff’s right to recover. The defence sought to be established by the appellant was in the nature of a counterclaim, and should have been specially pleaded. The evidence offered was not admissible under the general issue.

Judgment affirmed.

Reference

Full Case Name: HICKS v. GREEN
Cited By: 1 case
Status: Published
Syllabus: Under a plea of the general issue, evidence of a counter-claim is not admissible, but should be especially plead.