White v. Moses
WHITE, EXECUTORS OF OLIVER B. White v. MOSES
- Area
- civil
- Panel
- Lawrence F. Terry (author)
Analysis
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Opinion — Terry
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.