Montgomery v. Hunt
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, Sacramento County. Replevin for a certain number of cattle levied on by the defendant, Sheriff of Sacramento county, as the property of one D. G. Weston.
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Appeal from the District Court of the Sixth Judicial District, Sacramento County. Replevin for a certain number of cattle levied on by the defendant, Sheriff of Sacramento county, as the property of one D. G. Weston. At the trial, the plaintiffs offered in evidence a bill of sale, dated January 13, 1853, from Weston to them, of the cattle in controversy, for five thousand eight hundred and seventy-five dollars, and to prove the delivery, called James M. Howard, who testified, that upon the day following the sale, Montgomery arrived at the ranch where the cattle w^ere grazing, and presented to…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., and Bryan, J., concurred.
The first assignment of error is the refusal to allow the defendant to cross examine the witness, Howard. This was cured by the subsequent cross-examination of the same witness.
Second, The refusal to permit the defendant to prove the insanity o( Weston. Weston was made a witness by the defendant, and stated that he was fully conscious, and recollected distinctly what he did, and was capable of doing business at the time of the sale. His introduction as a witness by the defendant, estops the latter from denying his sanity at that time, and the statement…
2Cited by8 opinions
- Williams v. LerchCalifornia Supreme Court · 1880
- In Re Black & White Cattle Co.Court of Appeals for the Ninth Circuit · 1986
- Avery Manufacturing Co. v. EmswellerIndiana Court of Appeals · 1903
- Hodgkins v. HookCalifornia Supreme Court · 1863
- Black & White Cattle Co. v. Granada Cattle Services, Inc.Court of Appeals for the Ninth Circuit · 1986
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