65 Cal. 410 | Cal. | 1884
This action is for the recovery of the possession of sixty hogs, alleged by plaintiff to be his property. The hogs had been seized by the defendant Cunningham, as sheriff, by
The object of offering the book in evidence was to corroborate the testimony of plaintiff that he was the owner of the hogs. For that purpose it was incompetent. The entries in this book did not' bind defendants. As to them they were res inter alios actce. The court erred in its ruling admitting them. We cannot say but this evidence, in the minds of the jury, turned the scale in favor of plaintiff.
Judgment and order reversed and cause remanded for a new trial.
Sharpstein, J., and Thornton, J., concurred.