Harney v. Porter

California Supreme Court

Harney v. Porter

62 Cal. 511, 1881 Cal. LEXIS 543

CourtCalifornia Supreme Court

DecidedJanuary 31, 1881

DocketNo. 6,599

StatusPublished

This text of 62 Cal. 511 (Harney v. Porter) 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

Harney v. Porter, 62 Cal. 511, 1881 Cal. LEXIS 543 (Cal. 1881).

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Opinion

The Coubt :

The complaint in this case was verified. The answer was a general denial only. Service of the answer was admitted by plaintiff’s attorney, and “ verification thereof waived.” The Court below held the answer sufficient. It is here contended that there was a waiver of the effect of the verification of the complaint, and that the answer need not contain any specific denial.

We think the answer was insufficient.

Judgment reversed and cause remanded.

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The Coubt :

The complaint in this case was verified. The answer was a general denial only. Service of the answer was admitted by plaintiff’s attorney, and “ verification thereof waived.” The Court below held the answer sufficient. It is here contended that there was a waiver of the effect of the verification of the complaint, and that the answer need not contain any specific denial.

We think the answer was insufficient.

Judgment reversed and cause remanded.

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Bluebook (online)

62 Cal. 511, 1881 Cal. LEXIS 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harney-v-porter-cal-1881.