Greenfield v. Steamer Gunnell

California Supreme Court

Greenfield v. Steamer Gunnell

6 Cal. 67

CourtCalifornia Supreme Court

DecidedJuly 1, 1856

StatusPublished

Cited by5 cases

This text of 6 Cal. 67 (Greenfield v. Steamer Gunnell) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Greenfield v. Steamer Gunnell, 6 Cal. 67 (Cal. 1856).

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Opinion

Mr. Justice Heydenfeldt delivered the opinion of the Court.

Mr. Chief Justice Murray concurred.

The objection to the want of verification to the declaration should have been made either before answer or with the answer. It comes too late after answer.

See Tooms v. Randall 3 Cal. R., 438.

The other objections should have been taken by demurrer. The declaration, although defective, alleges enough to free it from the charge of not stating facts sufficient to constitute a cause of action.

Judgment affirmed.

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Mr. Justice Heydenfeldt delivered the opinion of the Court.

Mr. Chief Justice Murray concurred.

The objection to the want of verification to the declaration should have been made either before answer or with the answer. It comes too late after answer.

See Tooms v. Randall 3 Cal. R., 438.

The other objections should have been taken by demurrer. The declaration, although defective, alleges enough to free it from the charge of not stating facts sufficient to constitute a cause of action.

Judgment affirmed.

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Bluebook (online)

6 Cal. 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenfield-v-steamer-gunnell-cal-1856.

Opinion

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