Peabody v. Phelps
7 Cal. 53 | Cal. | 1857
delivered the opinion of the Court—Burnett, J., concurring.
This case comes fully within the rule established in Smith v. Chichester, 1 Cal., 409, and reiterated in Coffinberg v. Horrill et al., October T., 1855.
Judgment reversed and cause remanded.