gno.law

Rogers v. Graves

California Supreme Court · No. 1011 · 1856-02-18 · Published · 1 Cal. Unrep. 21

NATHAN ROGERS, Sr. v. JAMES L. GRAVES

Area
civil
Panel
Solomon Heydenfeldt (author), William J. Murray, Jr.

Analysis

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Opinion — Heydenfeldt

HEYDENFELDT, J.

— The defendant’s books were inadmissible as evidence, for two reasons: 1st. No account was kept in them of any dealings with the plaintiffs. 2d. If they established the fact of the number of cattle killed, it was admitted that the hides from those cattle were sold to others, as well as the plaintiffs, and therefore no certainty could be attained, as to the quantity which the plaintiff received.

Judgment reversed and cause remanded.

I concur: Murray, C. J.