Kilburn v. Ritchie
California Supreme Court
Appeal from the Seventh Judicial District, Nassa County. In October, 1850, Kilburn filed his complaint against Ritchie, stating that the plaintiff was owner and in possession of a certain tract of land in Nassa county, (describing it,) on the 1st of October, 1849; that on the 1st of May, 1850, the defendant, with force and arms, entered and took possession of a portion of said lands, (describing it,) and ejected the plaintiff therefrom; and other wrongs, &c.; and praying…
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Appeal from the Seventh Judicial District, Nassa County. In October, 1850, Kilburn filed his complaint against Ritchie, stating that the plaintiff was owner and in possession of a certain tract of land in Nassa county, (describing it,) on the 1st of October, 1849; that on the 1st of May, 1850, the defendant, with force and arms, entered and took possession of a portion of said lands, (describing it,) and ejected the plaintiff therefrom; and other wrongs, &c.; and praying judgment for the possession of said premises, and §3000 damages. The answer insisted that the plaintiff had never had or…
1Opinion of the Court
C. J. Lyons
delivered the opinion of the Court. The first question is, did the Court below properly refuse the evidence of Bale’s declaration? It is well settled that the declarations of third persons, not parties to the record, cannot be admitted in evidence, except in those cases where they have a joint interest with the plaintiff or defendant, or where some legal relation, such as that of partners, exists. Wherever such declarations, which, prima facie, are inadmissible, are sought to be introduced, the party offering them must establish their admissibility by showing the time and…
2Cited by8 opinions
- Darnold v. VogesCalifornia Court of Appeal · 1956
- Dodge v. WalleyCalifornia Supreme Court · 1863
- Farncomb v. SternSupreme Court of Colorado · 1893
- Joy v. McKayCalifornia Supreme Court · 1886
- Morgan v. HuggCalifornia Supreme Court · 1855
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