McCabe v. Hand

California Supreme Court

McCabe v. Hand

18 Cal. 496, 1861 Cal. LEXIS 240

DecidedJuly 1, 1861

StatusPublished

This text of 18 Cal. 496 (McCabe v. Hand) 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

McCabe v. Hand, 18 Cal. 496, 1861 Cal. LEXIS 240 (Cal. 1861).

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Opinion

Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

The Court erred in excluding the witness Reeves. He was not incompetent. His promise to indemnify the defendants—if that be the language on the voir dire—did not create a legal obligation; and it is only an interest recognized as such by law in the event of the suit which excludes. Nor did his supposition that the plaintiff would take a part of his land disqualify him. It is the fact of interest, not the incorrect notion of it, which incapcitates him.

It is not deemed necessary to notice other points.

Judgment reversed and cause remanded.

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Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

The Court erred in excluding the witness Reeves. He was not incompetent. His promise to indemnify the defendants—if that be the language on the voir dire—did not create a legal obligation; and it is only an interest recognized as such by law in the event of the suit which excludes. Nor did his supposition that the plaintiff would take a part of his land disqualify him. It is the fact of interest, not the incorrect notion of it, which incapcitates him.

It is not deemed necessary to notice other points.

Judgment reversed and cause remanded.

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Bluebook (online)

18 Cal. 496, 1861 Cal. LEXIS 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccabe-v-hand-cal-1861.