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61 Cal. 148

McFadden v. Mitchell

California Supreme Court

Decided July 27, 1882

California Supreme Court · decided 1882-07-27

<p>Appeal from a judgment for the plaintiff and from an order denying a new trial in the Superior Court of the County of Los Angeles. Howard, J.</p> <p>The action was brought to recover personal property, and the defendant justified as Sheriff under an execution against the plaintiff’s vendor. The motions to strike out testimony referred to in the opinion involve the same points as were made in the objection to the testimony referred to in the opinion.</p>

Cited by 1 later decisions — most recently November 1906

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1882-07-27

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The Court:

¶1The objection to the introduction of the bill of sale in evidence, on the ground that there had been no proof of its delivery, was properly overruled. (C. C., § 1,055).

¶2For the purpose of proving the due execution of the bill of sale the witness Allen was asked: “ Whose signature is that at the bottom of the instrument?” and he answered: “That is *149mine. I wrote it. I was then in Sonora, Mexico.” The rule is well settled that on cross-examination the witness could only be examined as to matters to which he had been examined on his examination in chief; and the questions which appellant’s counsel on cross-examination put to the witness, and to which objections were sustained by the Court, did not relate to matters concerning which the witness had been examined at that time by the party calling him. We therefore think that the objections were properly sustained.

¶3We think that the witness Howard was shown to be sufficiently skilled in the unwritten law of Mexico to render him competent to testify to what it was.

¶4It does not appear to us that there is any error in the rulings of the Court upon the motions to strike out testimony, and we can not reverse the judgment on the ground of insufficiency of the evidence to justify the decision, because, in our opinion, it is clearly conflicting upon all the material issues in the case.

¶5Judgment and order affirmed.

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