White v. Moses
11 Cal. 69
Cal.
1858
Check Treatment
Terry, C. J., after stating the facts, delivered the opinion of the Court

Baldwin, J., concurring.

Under the pleadings of the case, no proof of the appointment of plaintiffs as executors was necessary. Under our system of practice, a general denial is equivalent to the general issue at common law, and it does not put in issue the plaintiff’s title to sue. (See 5 Phil. Ev. 359 ; 15 Johns. 208.)

Judgment affirmed.