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53 Cal. 436

Heath v. Wallace

California Supreme Court

Decided July 1, 1879

California Supreme Court · decided 1879-07-01

<p>Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The plaintiff appealed. The facts sufficiently appear in the opinion of the Court.</p>

Decided 1879-07-01

By the Court, Crockett, J.:

¶1The action being ejectment, the plaintiff offered to prove that the defendant entered upon the demanded premises “ by the permission and as the tenant of the plaintiff.” But on the objection of the defendant that the evidence was irrelevant and immaterial, it was excluded by the Court, to which ruling the plaintiff excepted.

¶2We can conceive of no ground- on which the ruling can be supported.

¶3*437Judgment and order reversed, and cause remanded for a new trial.

¶4Mr. Justice Niles did not express any opinion.

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