Ponce v. McElvy
California Supreme Court
Appeal from the District Court, Tenth Judicial District, County of Yuba. This is the second appeal. The case, on the former appeal, is reported in 47 Cal. 154. The pleadings were verified. On the trial, the court, against the objection of the plaintiff, permitted the defendant to read in evidence a complaint filed in the canse which had been superseded by an amended complaint. The defendant recovered judgment, and the plaintiff appealed.
1Opinion of the Court
By 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.-
2Cases cited1 opinion
- Mecham v. McKayCalifornia Supreme Court · 1869
3Cited by20 opinions
- Meyer v. State Board of EqualizationCalifornia Supreme Court · 1954
- Pollitz v. WickershamCalifornia Supreme Court · 1907
- State Farm Mut. Auto. Ins. Co. v. PorterCourt of Appeals for the Ninth Circuit · 1951
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Wheeler v. WestCalifornia Supreme Court · 1886
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