Heath v. Wallace (1879) · DecisionDepot

Heath v. Wallace

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1879 No. No. 6155Published

Before: Crockett

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Holding. The trial court erred in excluding evidence that the defendant entered the premises as the plaintiff's tenant in an ejectment action.

Issues

Whether evidence that a defendant entered premises as a tenant of the plaintiff is admissible in an action for ejectment.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“the plaintiff offered to prove that the defendant entered upon the demanded premises “ by the permission and as the tenant of the plaintiff.””

“We can conceive of no ground- on which the ruling can be supported.”

Synopsis

Evidence nr Ejeothent.^-Iu an action of ejectment, it is error to exclude evidence offered by the plaintiff to prove that defendant entered with permission and as tenant of the plaintiff.

By the Court, Crockett, J.: The 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.

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

[437]Judgment and order reversed, and cause remanded for a new trial.

Mr. Justice Niles did not express any opinion.

Heath v. Wallace

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