Kiler v. Kimbal
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. This was an action of ejectment to recover certain mining-claims. The defendants pleaded title.
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Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. This was an action of ejectment to recover certain mining-claims. The defendants pleaded title. To show the interest of two of the plaintiffs, Smith and Conner, in the property in controversy, certain bills of sale to them were introduced, and to their introduction the defendants objected, without stating the grounds of their objection; and the objection was overruled, and the defendants excepted.. After-the testimony was closed, the defendants moved for a nonsuit, without stating the grounds of their…
1Opinion of the CourtField, J.
Terry, C. J., and Baldwin, J., concurring.
The objection to the bills of sale, introduced to show the interest of Smith and Conner, two of the plaintiffs, in the property in controversy, was properly overruled. It did not merit consideration for its generality. To entitle an objection to notice, it must not only be on a material matter, affecting the substantial rights of the parties, but its point must be particularly stated. This is not only a statutory regulation, but it is the uniform rule, so far as we are aware, of all Courts of Becord. The party, as the authorities say, must lay his…
2Cases cited3 opinions
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