 Every material allegation of the complaint, not controverted by the answer, must, for the purposes of the action, be taken as true; the statement of any new matter in the answer, in avoidance or constituting a defense or counterclaim, must, on the trial,...  The Pacific Reporter - Page 781891Full view - About this book
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 pages
...prove the justification or not, he may give in evidence the mitigating circumstances. 462. (§ 65.) Every material allegation of the complaint, not controverted...answer, must, for the purposes of the action, be taken as true; the statement of any new matter in the answer, in avoidance or constituting a defense or counter... | |
 | California - 1872 - 774 pages
...justification or not, Jie may give in evidence the mitigating circumstances. 9 Cal. 520; 10 Cal. 371. (§ C5.) Every material allegation of the complaint, not controverted...answer, must, for the purposes of the action, be taken as true ; the statement of any new matter in the answer, in avoidance or constituting a defence or... | |
 | California - 1872 - 892 pages
...vs. Gardner,. 10 Cal., p. 371. 462. (§ 65.) Evenr material allegation of the Aiioga. . J lions not complaint, not controverted by the answer, must, for the purposes of the action, be taken as true; the state- ^°™e ment of any new matter in the answer, in avoidance deemed0 be or constituting... | |
 | California, Theodore Henry Hittell - 1876 - 986 pages
...circumstances. 10.462. Allegations not denied, when deemed true; when deemed controverted. SEC. 462. n before them by any person, upon a charge against...perjury in giving his testimony or upon trial therefor. as true; the statement of any new matter in the answer, in avoidance or constituting a defense or counter-claim,... | |
 | Nathan Howard (Jr.), Rowland M. Stover - 1883 - 666 pages
...did not put the averments of the complaint in issue, and as, by the Code of Civil Procedure, " each material allegation of the complaint not controverted...* * must, for the purposes of the action, be taken as true," defendant was not at liberty to deny the existence of the facts constituting the cause of... | |
 | United States. Supreme Court - 1889 - 762 pages
...defendant, or of any knowledge or information thereof sufficient to form a belief." ]}y § 522, "each material allegation of the complaint, not controverted...answer," "must, for the purposes of the action, be taken as true." The allegation of the complaint in this case is, that the plaintiff "duly made and filed... | |
 | California - 1886 - 758 pages
...seq., and notes. 462. Allegations not denied when deemed true — When deemed controverted. SEC. 462. Every material allegation of the complaint, not controverted by the answer, must, for the jpurposes of the action, be taken as true; the statement CHAP. VU.] §§463-465 of any new matter in... | |
 | 1887 - 666 pages
...Marshall, opposed. Held, That the motion should be granted. Section 522, Code Civ. Pro., provides "Each material allegation of the complaint not controverted...* * * must for the purposes of the action be taken as true." Section 1294 provides, viz.: " A party aggrieved may appeal in a case prescribed in this... | |
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