Ponce v. McElvy
Cases that cite this one
16 later published cases cite this decision.
- Meyer v. State Board of Equalization (Cal. 1954)
- Benam v. Benam (Cal. Ct. App. 1960)
- State Farm Mut. Auto. Ins. Co. v. Porter (9th Cir. 1951)
- Cornwell v. Mulcahy (Cal. Ct. App. 1923)
- Williams v. Seiglitz (Cal. 1921)
- Heim v. United States (D.C. Cir. 1918)
- H. C. Behrens Lumber Co. v. Lager (S.D. 1910)
- Lane v. Choctaw, Oklahoma & Gulf Railroad (Okla. 1907)
- Ralphs v. Hensler (Cal. 1896)
- Corbett v. Clough (S.D. 1896)
- Storch v. McCain (Cal. 1890)
- People v. Ah Own (Cal. 1890)
- Stern v. Loewenthal (Cal. 1888)
- Pfister v. Wade (Cal. 1886)
- Wheeler v. West (Cal. 1886)
- Vanneman v. Swedesboro Loan & Building Ass'n (New Jersey Court of Chancery 1886)
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
The court below erred in permitting the original complaint to be read as evidence against the plaintiff. (Mecham v. McKay, 37 Cal. 154.) It is the rule, well settled here, that an error against the appellant being shown, injury to him is presumed, and that it devolves upon the respondent in such a case to show that no injury has in fact been wrought. In the condition of the record of this case, we are not satisfied that no injury was done the appellant by the error adverted to.
Judgment and order reversed and cause remanded for a new trial.-
Case-law data current through December 31, 2025. Source: CourtListener bulk data.