California Supreme Court, 1856

Rogers v. Graves

Rogers v. Graves
California Supreme Court · Decided February 18, 1856 · Heydenfeldt, Murray
1 Cal. Unrep. 21

Rogers v. Graves

Opinion of the Court

HEYDENFELDT, J.

— The defendant’s books were inadmissible as evidence, for two reasons: 1st. No account was kept in them of any dealings with the plaintiffs. 2d. If they established the fact of the number of cattle killed, it was admitted that the hides from those cattle were sold to others, as well as the plaintiffs, and therefore no certainty could be attained, as to the quantity which the plaintiff received.

Judgment reversed and cause remanded.

I concur: Murray, C. J.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.