Dabney

The defendant, appealing from a judgment on the pleadings, seeks a reversal thereof upon three grounds: First, that material issues were raised by his answer; second, that the pleading of affirmative matter as a defense barred the plaintiff from taking such judgment, and third, that the refusal of the court to allow him to amend his answer was reversible error.

The complaint is in the form common to actions in claim and delivery. It alleges the ownership and right of possession in the plaintiff of a certain automobile, that the value thereof is $1500, that the same is in the possession of and wrongfully detained by the defendant, a demand by the plaintiff for possession and refusal of delivery by the defendant and $1500 damages. The allegation as to plaintiff’s ownership and right of possession is traversed by a denial in the following form: “The defendant has no knowledge'or information sufficient to form a belief as to those allegations contained in paragraph two of the complaint, and basing his denial thereon denies each and every allegation in said paragraph contained.” It is too well established in California to be controverted that a denial on lack of knowledge or…