White v. Moses
California Supreme Court
White v. Moses, 11 Cal. 69 (Cal. 1858)
Terry
White v. Moses
Opinion of the Court
Baldwin, J., concurring.
Under the pleadings of the case, no proof of the appointment of plaintiffs as executors was necessary. Under our system of practice, a general denial is equivalent to the general issue at common law, and it does not put in issue the plaintiff’s title to sue. (See 5 Phil. Ev. 359 ; 15 Johns. 208.)
Judgment affirmed.
Reference
- Full Case Name
- WHITE, EXECUTORS OF OLIVER B. White v. MOSES
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Under the system of practice in this State, a general denial is equivalent to the general issue at common law, and such a plea does not put in issue the plaintiff’s title to sue.