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17 Cal. 464

Caldwell v. McDermit

California Supreme Court

Decided July 1, 1861

California Supreme Court · decided 1861-07-01

Suit by plaintiffs, Caldwell & Skidmore, against McDermit and D. M. and Wm. Davidson and Chas. D. Moore, to enforce a mechanic’s lien for $3,467.70 for work and labor and materials furnished for a mill of defendants, between June, 1854, and March, 1856; and also to settle a long mutual account alleged to exist between the parties, outside of the foregoing, for work and labor and materials, amounting to $2,095.60.

Cited by 2 later decisions — most recently November 1916

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-07-01

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Baldwin, J. delivered the opinion of the Court

¶1Cope, J. and Field, C. J. concurring.

¶2The bill in this case was filed to enforce a mechanic’s lien. The only point made is, that the court refused to permit the plaintiff to testify, as a witness, in explanation of the books of account of the plaintiffs, offered in evidence to prove the account. It seems the books bore marks of alteration, and were shown to be inaccurate in several respects. The court heard the explanation of the plaintiff, which does not seem to be very satisfactory. We think it was not bound to give the weight of proof to these books under the circumstances. This kind of evidence is very dangerous; and we think ■ it would be going beyond the doctrine of the books to hold that it is entitled to any weight, when suspicious circumstances exist upon the face of the entries, and these circumstances are not explained by disinterested testimony. See all the cases collected in 1 Smith’s Leading Cases, 362, and especially Lynch v. McHugo, 1 Bay. 33, and Thayer v. Dean, 2 Hill, (S. C.) 677. These last cases hold that irregularities, like those shown, are good cause for the rejection of the books.

¶3Judgment affirmed.

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