Herold v. Smith
Cases that cite this one
1 later published case cites this decision.
- Jones v. Jones (Cal. 1869)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff was not required, under the amendments of 1866, to deny the defendant’s counter claim in order to put Mm upon Ms proof. In respect to matter in avoidance and to counter claims, the rule is the same as before the amendments of 1866. Those amendments introduced a new pleading called a cross complaint. When the answer contains a
Order affirmed.
Mr. Justice Shatter expressed no opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.