Nelson v. Highland

California Supreme Court

Nelson v. Highland

13 Cal. 74

California Supreme Court·Decided July 1, 1859·Published·Cited by 3 cases

Opinion

Baldwin, J. delivered the opinion of the Court

Terry, C. J. concurring.

We do not think it was a good ground of demurrer that the Christian name of one of the plaintiffs does not appear in the record. We cannot judicially know that one of the plaintiffs had either a Christian or heathen name, or that it is necessarily untrue that he has forgotten it if he had.

Judgment reversed and cause remanded.

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Baldwin, J. delivered the opinion of the Court

Terry, C. J. concurring.

We do not think it was a good ground of demurrer that the Christian name of one of the plaintiffs does not appear in the record. We cannot judicially know that one of the plaintiffs had either a Christian or heathen name, or that it is necessarily untrue that he has forgotten it if he had.

Judgment reversed and cause remanded.

Nelson v. Highland, 13 Cal. 74 (Cal. 1859).

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Opinion

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