Zany

Zany v. Rawhide Gold Mining Co.

Good Law
15 Cal. App. 373·1911 Cal. App. LEXIS 351·114 P. 1026
Court of Appeal of CaliforniaFebruary 11, 1911Civ. No. 781.California1,362 words

Opinion

Lead Opinion

Burnett, J.

The plaintiff, in a verified complaint, sued the defendant for $1,972.88, the balance due for boarding the employees of defendant, and furnishing material and teams and performing certain services for defendant at its special instance and request.

The defendant’s verified answer was as follows: “Comes now the defendant above named and for answer to the complaint in the above-entitled action, admits, denies and alleges as follows: First, it admits its incorporation as alleged in paragraph 1 of said complaint; second, upon its information and belief it denies each, all and singularly the allegations contained in paragraphs 2, 3, 4, 5 and 6 of said complaint; and third it alleges that as to the allegation contained in paragraph 7 of said complaint it has not sufficient information to enable it to make answer, and for that reason it denies the allegations contained in said paragraph 7 of said complaint. Wherefore said defendant prays to be hence dismissed with its costs.” The plaintiff moved for judgment on the pleadings upon the ground that “the complaint filed in said action is verified and that the answer therein does not deny a single material allegation of said complaint.” The…

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