White v. Moses

California Supreme Court Jul 1, 1858Published

Before: Terry

AI Brief

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Holding. A general denial in the pleadings does not put in issue the plaintiff's title to sue, meaning no proof of the appointment of plaintiffs as executors was required.

Issues

Whether a general denial requires the plaintiff to prove their appointment as executors.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“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.”

Synopsis

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.

Terry, C. J., after stating the facts, delivered the 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.

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