Dubbers v. Goux
California Supreme Court
Appeal from the District Court, First Judicial District, County of Santa Barbara. Action to have the defendants declared the trustees of the plaintiff, in the ownership of certain lands, and to compel them to convey to the plaintiff. When the action was called for trial, the plaintiff offered himself as a witness.
Read the full summary
Appeal from the District Court, First Judicial District, County of Santa Barbara. Action to have the defendants declared the trustees of the plaintiff, in the ownership of certain lands, and to compel them to convey to the plaintiff. When the action was called for trial, the plaintiff offered himself as a witness. The defendant objected on the ground that he was a party against an administrator, upon a demand against the estate of the deceased, and that section eighteen hundred and eighty of the Code of Civil Procedure prohibited him from •testifying. Thereupon the plaintiff filed an…
1Opinion of the Court
By the Court:
The court erred in permitting Mrs. Dubbers to be substituted for her husband as plaintiff. It is not pretended that she had succeeded to any interest held by her husband pending the action, nor that she had any joint interest with him in the subject-matter. On the contrary she was substituted as plaintiff on the theory that she was the only-party in interest at the commencement of the action, and had ever since continued to be so. She was permitted to *155become the sole plaintiff, not to prosecute the same cause of action stated in the complaint, on the ground that she had succeeded…
2Cited by27 opinions
- Klopstock v. Superior CourtCalifornia Supreme Court · 1941
- Reardon v. Balaklala Corsol. Copper Co.U.S. Circuit Court for the District of Northern California · 1912
- Sears v. DunbarOregon Supreme Court · 1907
- Phoenix of Hartford Insurance v. Colony KitchensCalifornia Court of Appeal · 1976
- Vick v. GrasserCalifornia Court of Appeal · 1959
22 more not listed; retrieve them via the Exa API.