Pico v. Stevens
California Supreme Court
Appeal from the Sixth District. The claim—interest not being asked—was presented to the administrator of Birch on the third of November, 1858, and rejected, and this suit brought the thirty-first of December following. The complaint averred the animals to have been sold to Birch, some in June, 1857, and others in October of that year. The Court below . instructed the jury that they might give legal interest from the dates of the sales.
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Appeal from the Sixth District. The claim—interest not being asked—was presented to the administrator of Birch on the third of November, 1858, and rejected, and this suit brought the thirty-first of December following. The complaint averred the animals to have been sold to Birch, some in June, 1857, and others in October of that year. The Court below . instructed the jury that they might give legal interest from the dates of the sales. Verdict and judgment accordingly for plaintiff. But on the motion for new trial, plaintiff remitted all'interest prior to the time of presenting the claim to…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
This is an action to recover of the defendant, as administrator of the estate of James E. Birch, deceased, the value of certain horses and mules which, it is claimed, were purchased by the latter. It was proved at the trial that the animals were purchased for the use of the Overland Mail Line; and the Court instructed the jury that, under the evidence, Birch was to he considered the sole *378proprietor of that line. We have repeatedly held that an instruction of this character is in violation of the constitutional provision prohibiting Judges from charging juries with…
2Cases cited2 opinions
- Terry v. SicklesCalifornia Supreme Court · 1859
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