Jessup v. King

California Supreme Court

Jessup v. King

4 Cal. 331

DecidedOctober 15, 1854

StatusPublished

This text of 4 Cal. 331 (Jessup v. King) 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

Jessup v. King, 4 Cal. 331 (Cal. 1854).

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Opinion

Mr. J. Hexdeneeldt

delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

There is nothing in the record which shows the-character of the proposed amendment to the answer, and we ava [332]*332[332] therefore * unable to say that the Court erred in-refusing the application to amend; the presumption is the other way.

The evidence, which is excluded, would have been proper under a plea of payment pids darrein continuance, but without such plea, it was irrelevant to the issue, and therefore, inadmissible.

Judgment affirmed.

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Mr. J. Hexdeneeldt

delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

There is nothing in the record which shows the-character of the proposed amendment to the answer, and we ava [332]*332[332] therefore * unable to say that the Court erred in-refusing the application to amend; the presumption is the other way.

The evidence, which is excluded, would have been proper under a plea of payment pids darrein continuance, but without such plea, it was irrelevant to the issue, and therefore, inadmissible.

Judgment affirmed.

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Bluebook (online)

4 Cal. 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jessup-v-king-cal-1854.