14 Cal. 413 | Cal. | 1859
delivered the opinion of the Court—Cope, J. concurring.
The pleadings in this case are a general count for money due by defendant to plaintiff for twenty head of beef cattle sold and delivered, and issue joined by a denial of all the averments of the complaint. The property, it appears, was sold by one Jesse Hawkins, and the question became material and was mooted on the trial, whether these cattle were the property of Jesse or of the plaintiff. To avoid a continuance, the plaintiff admitted that absent witnesses would testify to certain facts disclosed in the affidavit made to procure the continuance; and, on the trial, the defendant asked of a witness, what were the terms of the contract made by defendant with Jesse Hawkins—it being ad
2. We are inclined to think that the Court erred in admitting evidence of reputed ownership of this property in plaintiff; for though such evidence might, in some aspect of the cause, be legitimate, we do not see that in relation to the facts of this case it was proper.
The errors already noticed are sufficient to reverse the judgment.
Judgment reversed, and cause remanded for a new trial.
See Terry v. Sickles, 13 Cal. 427, and Angulo v. Sunol, ante.