Hicks v. Green
9 Cal. 74
Cal.
1858
Check Treatment
Terry, C. J., delivered the opinion of the Court—Burnett, J., concurring.

The findings of the Court, which are supported by the evidence, fully establish the plaintiff’s right to recover. The defence sought to be established by the appellant was in the nature of a counterclaim, and should have been specially pleaded. The evidence offered was not admissible under the general issue.

Judgment affirmed.