Pearson v. Snodgrass
Cases that cite this one
2 later published cases cite this decision.
- Burlingame v. Justice's Court (Cal. 1934)
- State Ex Rel. Johnston v. District Court (Mont. 1933)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Heydenfeldt, J., and Murray, C. J., concurred.
This is an action of ejectment, in which respondent, who is plaintiff, below recovered judgment for restitution of a lot in Sacramento.
The appellant relies upon two points: First—the Court erred in admitting as evidence to the jury, a certain power of attorney from J. A. Sutter to A. C. Peachy, and also a deed from said attorney to Frederick Billings. It does not appear that an exception to the admissibility of the deeds referred to, was taken on the trial of the cause. The point cannot, therefore, be considered on appeal.
Second—the Court erred in refusing to give the following instruction: “ If there is a reasonable uncertainty, as to whether the power of attorney introduced by plaintiff, includes this identical lot, defendant should have a verdict.” From the record, it appears that evidence was submitted, tending to establish a tenancy in the defendant. The plaintiff’s case, not depending alone on the evidence mentioned in the instruction, it was properly refused.
The judgment is affirmed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.