Fissel

Fissel v. Monroe

Good Law
1917 Cal. App. LEXIS 417·33 Cal. App. 756·166 P. 607·166 P.2d 607
Court of Appeal of CaliforniaMay 28, 1917Civ. No. 1614.California2,505 words

Opinion

Lead Opinion

Chipman, J.

The first paragraph of the verified complaint is as follows: ‘ ‘ That on the twenty-fourth day of July, 1915, at and in the county of Yolo, state of California, plaintiffs were the owners and in the possession and, at the time of the filing of this complaint, are the owners of the following described goods and chattels, of the value of seven hundred dollars, to wit: 640 sacks of barley.” It is then alleged that defendant wrongfully took said goods from the possession of plaintiffs; that demand was made of defendant for the possession thereof, which was refused, and that plaintiffs are damaged in the sum of seven hundred dollars.

Defendant answered: “ 1. That as to the allegations of paragraph 1 of said complaint, this defendant has no information or belief upon the subject sufficient to enable him to answer the same, and placing his denial upon that ground, denies generally and specifically each and all and every of the allegations therein contained.” He' denied that he “wrongfully took” said or any sacks of barley from the possession of plaintiffs, denied that plaintiffs made any demand for the possession thereof, and denied that defendant refused to deliver possession thereof;…

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