Baker v. Von Pelt

Cal. District Court

Baker v. Von Pelt

1 Cal. Dist. Ct. 153

California District Court·Decided July 15, 1857·Published

Opinion

Hager, J.

The demurrer is to the new matter set up as a defense by the answer, generally, (without specifying the particular new matter objected to,) on the ground that the defense is contrary to publio poBey. Strictly, the pleader should have specified the matter objected to, and not have left it to the Court to discoverj but I think the more proper remedy would be to move to strike out the defense objected to, or to except to its vaEdity on the trial.

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Hager, J.

The demurrer is to the new matter set up as a defense by the answer, generally, (without specifying the particular new matter objected to,) on the ground that the defense is contrary to publio poBey. Strictly, the pleader should have specified the matter objected to, and not have left it to the Court to discoverj but I think the more proper remedy would be to move to strike out the defense objected to, or to except to its vaEdity on the trial.

Baker v. Von Pelt, 1 Cal. Dist. Ct. 153 (Cal. Super. Ct. 1857).

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