Schultz v. McLean
California Supreme Court
Appeal from a judgment of the Superior Court of San Luis Obispo County, and from an order refusing a new trial.- The action was brought to enforce a trust in certain lands situated in San Luis Obispo County, which were alleged to have been transferred to the defendant Robinson in trust for the plaintiff, and transferred by him to the defendant McLean, at the request of the plaintiffs, as' security for advances made by McLean.
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Appeal from a judgment of the Superior Court of San Luis Obispo County, and from an order refusing a new trial.- The action was brought to enforce a trust in certain lands situated in San Luis Obispo County, which were alleged to have been transferred to the defendant Robinson in trust for the plaintiff, and transferred by him to the defendant McLean, at the request of the plaintiffs, as' security for advances made by McLean. The complaint alleged that the defendant Robinson claimed an interest in the lands under a contract with McLean, and prayed for a decree against both of the defendants.…
1Opinion of the CourtThornton, J.
The court below erred in allowing the-following question to be put by plaintiffs to Waymire,, their attorney in this case, who was called by them:.: “What statement did Schultz make to you in regard to-the contract which was made between him and McLeam at the time he first consulted you in regard to this suit!;, and before you draughted the complaint? I want to know whether the statement made to you was the same statement made here on the stand.”
And also erred in admitting the answer to the foregoing question.
Schultz went to Waymire and made the statement inquired about to him in regard to…
2Cited by5 opinions
- Champ v. KendrickIndiana Supreme Court · 1892
- Frazzini v. CableCalifornia Court of Appeal · 1931
- McMahon v. Hetch-Hetchy & Yosemite Valleys Railway Co.California Court of Appeal · 1905
- Kluber v. PferdeortPennsylvania Court of Common Pleas · 1936
- Oswood v. KruidinierSouth Dakota Supreme Court · 1914