California Supreme Court, 1861

Tuolumne Redemption Co. v. Patterson

Tuolumne Redemption Co. v. Patterson
California Supreme Court · Decided July 1, 1861 · Cope
18 Cal. 415; 1861 Cal. LEXIS 217
Tuolumne Redemption Co. v. Patterson

Opinion of the Court

,Cope, J. delivered the opinion of the Court

Field, C. J. and Baldwin, J. concurring.

The plaintiff was entitled to a judgment upon the complaint; and the Court erred in requiring proof of the facts therein stated. The complaint" was verified, and the failure of the defendant to answer was an admission of the facts charged. No proof was necessary to enable the Court to render the proper judgment.

Judgment reversed and" cause remanded.

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