Tyler v. Healey

California Supreme Court

Tyler v. Healey

51 Cal. 191

CourtCalifornia Supreme Court

DecidedJuly 1, 1875

DocketNo. 4421

StatusPublished

Cited by2 cases

This text of 51 Cal. 191 (Tyler v. Healey) 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

Tyler v. Healey, 51 Cal. 191 (Cal. 1875).

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Opinion

By the Court:

When the defendant had partially examined one of his witnesses, he desired to recall him for further examination on matters material to the issue, and asked the leave of the court to recall him for that purpose. ■ On the objection of plaintiff, the court refused to permit the witness to be re[193]*193called, on the ground that “the court has no discretion (to permit it) against the objection of the plaintiff.” The ruling is too clearly erroneous to merit discussion.

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

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By the Court:

When the defendant had partially examined one of his witnesses, he desired to recall him for further examination on matters material to the issue, and asked the leave of the court to recall him for that purpose. ■ On the objection of plaintiff, the court refused to permit the witness to be re[193]*193called, on the ground that “the court has no discretion (to permit it) against the objection of the plaintiff.” The ruling is too clearly erroneous to merit discussion.

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

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Bluebook (online)

51 Cal. 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyler-v-healey-cal-1875.

Opinion

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