Coleman

Tulare Building & Loan Ass'n v. Coleman

Good Law
1896 Cal. LEXIS 1050·5 Cal. Unrep. 334·44 P. 793
Supreme Court of CaliforniaApril 28, 1896Sac. No. 75California557 words

Opinion

Lead Opinion

Vanclief, J.

Action to foreclose a mortgage executed by the defendant Henry E. Coleman, to secure his promissory note for the sum of $2,000, and interest at eight per cent per flTirmm, payable to the plaintiff (a corporation) eight years after date, but provided that, if default be made in the payment of any part of said interest as it became due and payable, then the principal and interest should immediately become due at the option of the holder, and that such option might be exercised without notice. The complaint was duly *335 verified. On March 18, 1895, the defendants appeared, and filed a general demurrer to the complaint. The demurrer was overruled on April 12, 1895, and defendants were allowed fifteen days to answer. On April 27, 1895, the court, on motion of defendants, granted five days’ additional time in which to answer. On May 2, 1895, the defendants served and filed an unverified answer. Thereafter, on due notice, plaintiff’s attorneys moved the court to strike out the answer, on the ground that it was not verified. Thereupon defendants' attorneys consented to the striking out of the answer, and at the same time produced and asked leave to file what they denominated an ‘ ‘…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.