Lombardo v. Ferguson
LOMBARDO v. FERGUSON
- Area
- civil
- Panel
- Cope (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Cope
Cope, J. delivered the opinion of the Court Field, C. J. and Baldwin, J. concurring.
This is an action to recover possession of a mining claim. On the trial of the case, the defendant read in evidence a copy of a notice shown to have been posted on the claim in question, and purporting to be a notice signed by the plaintiff, and those from whom he purchased. No foundation was laid for the introduction of this evidence, and its admission was, therefore, erroneous. The absence of the notice was not accounted for, nor was it shown that the plaintiff had been notified to produce it. The evidence was secondary in its character, and was admissible upon the same terms which control the introduction of such evidence in other cases. It could only be resorted to if the higher evidence of the notice itself was not attainable, and to render its introduction proper, that fact should have been shown.
Judgment reversed, and cause remanded for a new trial.