Rogers v. Graves

California Supreme Court

Rogers v. Graves

1 Cal. Unrep. 21

CourtCalifornia Supreme Court

DecidedFebruary 18, 1856

DocketNo. 1011

StatusPublished

This text of 1 Cal. Unrep. 21 (Rogers v. Graves) 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

Rogers v. Graves, 1 Cal. Unrep. 21 (Cal. 1856).

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Opinion

HEYDENFELDT, J.

— The defendant’s books were inadmissible as evidence, for two reasons: 1st. No account was kept in them of any dealings with the plaintiffs. 2d. If they established the fact of the number of cattle killed, it was admitted that the hides from those cattle were sold to others, as well as the plaintiffs, and therefore no certainty could be attained, as to the quantity which the plaintiff received.

Judgment reversed and cause remanded.

I concur: Murray, C. J.

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HEYDENFELDT, J.

— The defendant’s books were inadmissible as evidence, for two reasons: 1st. No account was kept in them of any dealings with the plaintiffs. 2d. If they established the fact of the number of cattle killed, it was admitted that the hides from those cattle were sold to others, as well as the plaintiffs, and therefore no certainty could be attained, as to the quantity which the plaintiff received.

Judgment reversed and cause remanded.

I concur: Murray, C. J.

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Bluebook (online)

1 Cal. Unrep. 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-graves-cal-1856.