Heath v. Wallace
California Supreme Court
Heath v. Wallace, 53 Cal. 436 (Cal. 1879)
Crockett
Heath v. Wallace
Opinion of the Court
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.
Mr. Justice Niles did not express any opinion.
Reference
- Full Case Name
- T. P. HEATH v. M. T. WALLACE
- Status
- Published
- Syllabus
- 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.