Peabody v. Phelps

7 Cal. 53

Opinion

Terry, J.,

delivered the opinion of the Court—Burnett, J., concurring.

This case comes fully within the rule established in Smith v. Chichester, 1 Cal., 409, and reiterated in Coffinberg v. Horrill et al., October T., 1855.

Judgment reversed and cause remanded.