Ponce v. McElvy

California Supreme Court

Ponce v. McElvy

51 Cal. 222

CourtCalifornia Supreme Court

DecidedJuly 1, 1876

DocketNo. 4841

StatusPublished

Cited by20 cases

This text of 51 Cal. 222 (Ponce v. McElvy) 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

Ponce v. McElvy, 51 Cal. 222 (Cal. 1876).

Pincite

Opinion

By the Court:

The court below erred in permitting the original complaint to be read as evidence against the plaintiff. (Mecham v. McKay, 37 Cal. 154.) It is the rule, well settled here, that an error against the appellant being shown, injury to him is presumed, and that it devolves upon the respondent in such a case to show that no injury has in fact been wrought. In the condition of the record of this case, we are not satisfied that no injury was done the appellant by the error adverted to.

Judgment and order reversed and cause remanded for a new trial.-

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By the Court:

The court below erred in permitting the original complaint to be read as evidence against the plaintiff. (Mecham v. McKay, 37 Cal. 154.) It is the rule, well settled here, that an error against the appellant being shown, injury to him is presumed, and that it devolves upon the respondent in such a case to show that no injury has in fact been wrought. In the condition of the record of this case, we are not satisfied that no injury was done the appellant by the error adverted to.

Judgment and order reversed and cause remanded for a new trial.-

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Bluebook (online)

51 Cal. 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ponce-v-mcelvy-cal-1876.

Opinion

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