Sanchez v. Stout

1 Cal. Dist. Ct. 241

Opinion

Norton J.

of fee defendant, on fee ground of OHrpHse,.upon Ms part, yet there seems to be no good reason why such a course should not be permitted. . The practice which obtains in our courts, of allowing a plaintiff to withdraw a juror and continue ©'©as®, on the above ground, is one wMeh, it seems to me, is not founded m good policy it would be better, in -all such cases, to let the trial pre- cede!, and leave the parties to their remedy, by-a motion for a new trial, but fee practice is too wol settled to be nbw- changed, by tMo court. The second, ground upon wMch this motion is based, fallo wife- in fee established rule, inasmuch as Escalante’s appearance ground upon which this motion is based, fallo wife-in fee established rule, inasmuch as Escalante’s appearance and language certainly would tend to threw counsel off from any inquiry into

his nativity, but which being ascertained, readers him dearly incompetent as a witness. The first ground of ompnse advanced for the granting of this motion, is insufficient, but as tie second would have been a good one, under our practice, had. it been presented by a plaintiff, under similar circumstances, I will hold it to be so mow, and will grant defendants’ motion.