White v. Moses
11 Cal. 69 | Cal. | 1858
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.