Walsh v. Harris

California Supreme Court

Walsh v. Harris

10 Cal. 391

California Supreme Court·Decided July 1, 1858·Published·Cited by 5 cases

Opinion

Baldwin, J., delivered the opinion of the Court

Terry, C. J., concurring.

Suit in May, 1856; judgment in October, 1856.

The Court erred in refusing to admit testimony offered by plaintiffs to show that the water alleged in this suit is the same water for which a recovery was had in former cases between the present plaintiffs and the parties under whom the defendants claimed. There was no other means than by parol to establish this fact; and for this error the judgment is reversed, and cause remanded.

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Baldwin, J., delivered the opinion of the Court

Terry, C. J., concurring.

Suit in May, 1856; judgment in October, 1856.

The Court erred in refusing to admit testimony offered by plaintiffs to show that the water alleged in this suit is the same water for which a recovery was had in former cases between the present plaintiffs and the parties under whom the defendants claimed. There was no other means than by parol to establish this fact; and for this error the judgment is reversed, and cause remanded.

Walsh v. Harris, 10 Cal. 391 (Cal. 1858).

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Opinion

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