Wood v. Tomlinson
California Supreme Court
Wood v. Tomlinson, 53 Cal. 720 (Cal. 1879)
Wood v. Tomlinson
Opinion of the Court
The third instruction given at the request of the plaintiff assumes the fact that the plaintiff delivered all the hogs to the defendant, and in that respect it is erroneous, so far as it relates to the number in excess of that which is admitted by the answer to have been delivered to the defendant.
Reference
- Full Case Name
- P. J. WOOD v. E. TOMLINSON
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Erroneous Instruction.—An instruction which assumes a material fact not admitted by the pleadings is erroneous.—[Reporter.]