Legal Opinion
Miller v. Dussault
California Court of Appeal
Decided June 23, 1972No. Civ. 12809PublishedCited by 13 opinions
1Opinion of the Court
Opinion
FRIEDMAN, Acting P. J.
In the nonjury trial of this case plaintiffs rested, and defendants successfully moved for judgment under Code of Civil Procedure section 631.8. Plaintiffs appeal from the judgment.
The principal problem is that in passing upon the motion the trial court did not exclude from consideration several exhibits which the defense had placed in evidence as adjuncts to defendant’s redirect testimony during his appearance as an adverse witness under Evidence Code section 776. Two of these exhibits sharply discredited the testimony of the two plaintiffs. The exhibits turned…
2Cases cited10 opinions
- Smellie v. Southern Pacific Co.California Supreme Court · 1931
- Leonard v. Watsonville Community HospitalCalifornia Supreme Court · 1956
- Greening v. General Air-Conditioning Corp.California Court of Appeal · 1965
- Crowe v. McBrideCalifornia Supreme Court · 1944
- Carlson, Collins, Gordon & Bold v. BanducciCalifornia Court of Appeal · 1967
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3Cited by13 opinions
- Day v. RosenthalCalifornia Court of Appeal · 1985
- Bowen v. CONSTRUCTORS EQUIPMENT RENTAL COMPANYSupreme Court of North Carolina · 1973
- Brand v. Hyundai Motor AmericaCalifornia Court of Appeal · 2014
- Kirk Corp. v. First American Title Co.California Court of Appeal · 1990
- Legendary Investors Group No. 1, LLC v. NiemannCalifornia Court of Appeal · 2014
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