Ponce v. McElvy
JOSEPH PONCE v. CHARLES McELVY, Administrator of the Estate of PIERRE Le COAT, A. H. EDDY and HENRY POWELL
- Area
- civil
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
By the Court:
The court below erred in permitting the original complaint to be read as evidence against the plaintiff. (Mecham v. McKay, 37 Cal. 154.) It is the rule, well settled here, that an error against the appellant being shown, injury to him is presumed, and that it devolves upon the respondent in such a case to show that no injury has in fact been wrought. In the condition of the record of this case, we are not satisfied that no injury was done the appellant by the error adverted to.
Judgment and order reversed and cause remanded for a new trial.-
Cites, in this corpus
- Mecham v. McKay · 1869-07-01
Cited by
- Benam v. Benam Civ. 18668 · 1960-03-16
- Meyer v. State Board of Equalization Sac. 6273 · 1954-03-01
- Cornwell v. Mulcahy Civ. No. 2619. · 1923-06-25
- Williams v. Seiglitz L. A. No. 6593. · 1921-08-29
- Pollitz v. Wickersham S.F. Nos. 3990, 4356. · 1907-01-09
- Ralphs v. Hensler L. A. No. 83 · 1896-09-08
- People v. Ah Own No. 20645 · 1890-09-10
- Storch v. McCain No. 13501 · 1890-08-04
- Stern v. Loewenthal No. 11010 · 1888-11-16
- Wheeler v. West No. 11167 · 1886-09-28
- Pfister v. Wade Nos. 8863 and 9022 · 1886-03-23