2 Cal. 32
Decided January 15, 1852
California Supreme Court · decided 1852-01-15
The plaintiff below filed his complaint against the appellant and John A. Sutter, upon an alleged promise to pay him $16 per copy for copying the list of shares in the town of Plermas, and averring that the plaintiff made sixty-three copies; for which the defendants had failed and refused to pay, &c. A partial payment was admitted, and a balance claimed of $880. The defendant Beach answered, denying the complaint generally.
Decided 1852-01-15
¶1delivered the opinion of the Court. One of the principal questions in this cause, is as to the power of notaries public to take depositions. This point has already been decided in another case; and this cause must be governed by that decision.
¶2There are other errors patent upon the record, which it is unnecessary to consider. The rights of the parties cannot be ascertained except by a new trial.
¶3Ordered accordingly.