Baker v. Scannell (1859) · DecisionDepot

Baker v. Scannell

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Apr 2, 1859 No. No. 1754Published

Before: Baldwin, Field

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Holding. The court held that the injunction should have been dissolved because the defendant's answers and affidavits provided circumstantial and positive denials of the fraud allegations contained in the bill.

Issues

Whether the injunction should have been dissolved based on the provided answers and affidavits.
Whether the allegations of fraud in the making of the note were sufficiently denied.

Disposition. Reversed and remanded.

Quotations verified verbatim against the opinion

“The injunction in this ease should have been dissolved on the answers and affidavits.”

“The denials, certainly, are quite as circumstantial and positive as the charges.”

“The order is reversed and the injunction dissolved, and cause remanded.”

Synopsis

APPEAL from Fourth Judicial District, San Francisco County.

BALDWIN, J. — The injunction in this ease should have been dissolved on the answers and affidavits. The main question is as to the fraud in the making of the note of Watson to Clement, and the allegations of the bill in this respect are fully denied. The denials, certainly, are quite as circumstantial and positive as the charges.

The order is reversed and the injunction dissolved, and cause remanded.

I concur: Field, J.

Baker v. Scannell

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