Leonard v. Kingsley
California Supreme Court
Appeal from the District Court, Second Judicial District, County of Tehama. The plaintiff resided at Eed Bluff, Tehama County, and was engaged in business as a gunsmith and glove-maker. He sued the defendant for a libel contained in a card published by the defendant in the Eed Bluff Sentinel, published at Eed Bluff.
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Appeal from the District Court, Second Judicial District, County of Tehama. The plaintiff resided at Eed Bluff, Tehama County, and was engaged in business as a gunsmith and glove-maker. He sued the defendant for a libel contained in a card published by the defendant in the Eed Bluff Sentinel, published at Eed Bluff. The card contained, among other things, the following: " Speaking about lying, did you ever lie to Mr. Howard that caused him to sell his home and his business, and come here to engage in business with you ? You deceitful creature! Get a man here because he has money, and then…
1Opinion of the Court
By the Court:
The letters from Howard, put in evidence by the plaintiff against the objection of the defendant, were improperly admitted. Howard was not a party to the action, but had been examined as a witness in the cause on behalf of the defendant, and his deposition had been put"in evidence. If the plaintiff desired to use the letters as evidence, he should have called the attention of the Avitness to them, and have afforded the defendant an opportunity to cross-examine him in respect to them. He might have shown by the testimony of Howard the circumstances under which the letters were…
2Cited by2 opinions
- People v. FurtadoCalifornia Supreme Court · 1881
- Blakely v. BlakelyCalifornia Supreme Court · 1891