Legal Opinion

Gille v. Anderson

California Court of Appeal

Decided July 3, 1917No. Civ. No. 1952PublishedCited by 2 opinions

The facts are stated in the opinion of the court.

1Opinion of the Court

BEASLY, J., pro tem.

This is an action in which the plaintiff declared upon an open book account, and was given judgment for $1,211.50. The defendant appeals, and insists that “there is no evidence of an open book account.” At the trial tho accounts of the plaintiff were in court, and the plaintiff read the items from them in giving his testimony, or they were read to him by his attorney. No objection was made to this method of proving the plaintiff’s claim. Having failed to object at the trial to this method of proof, the defendant cannot now be heard to complain of it, for it is well settled…

2Cases cited2 opinions

  1. Williams v. HawleyCalifornia Supreme Court · 1904
  2. Wright v. RoseberryCalifornia Supreme Court · 1889

3Cited by2 opinions

  1. Parker v. Merchants & Insurers Reporting Co.California Court of Appeal · 1919
  2. Shields Co. v. Collins Electrical Co.California Court of Appeal · 1956

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