Heath v. Wallace

California Supreme Court

Heath v. Wallace

53 Cal. 436

CourtCalifornia Supreme Court

DecidedJuly 1, 1879

DocketNo. 6155

StatusPublished

This text of 53 Cal. 436 (Heath v. Wallace) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Heath v. Wallace, 53 Cal. 436 (Cal. 1879).

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Opinion

By the Court, Crockett, J.:

The action being ejectment, the plaintiff offered to prove that the defendant entered upon the demanded premises “ by the permission and as the tenant of the plaintiff.” But on the objection of the defendant that the evidence was irrelevant and immaterial, it was excluded by the Court, to which ruling the plaintiff excepted.

We can conceive of no ground- on which the ruling can be supported.

[437]*437Judgment and order reversed, and cause remanded for a new trial.

Mr. Justice Niles did not express any opinion.

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By the Court, Crockett, J.:

The action being ejectment, the plaintiff offered to prove that the defendant entered upon the demanded premises “ by the permission and as the tenant of the plaintiff.” But on the objection of the defendant that the evidence was irrelevant and immaterial, it was excluded by the Court, to which ruling the plaintiff excepted.

We can conceive of no ground- on which the ruling can be supported.

[437]*437Judgment and order reversed, and cause remanded for a new trial.

Mr. Justice Niles did not express any opinion.

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Bluebook (online)

53 Cal. 436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heath-v-wallace-cal-1879.