Legal Opinion

Johnson v. Parks

California Supreme Court

Decided July 1, 1858PublishedCited by 2 opinions

Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. This was an action of ejectment, brought to recover possession of a quartz-lead. The complaint was sworn to, and establishes the fact that plaintiffs had previously tried the question, by actions of trespass, in a Justice’s Court, and obtained a verdict. A verdict was also rendered for plaintiffs, in the ejectment suit, in the District Court. Defendants appealed.

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Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. This was an action of ejectment, brought to recover possession of a quartz-lead. The complaint was sworn to, and establishes the fact that plaintiffs had previously tried the question, by actions of trespass, in a Justice’s Court, and obtained a verdict. A verdict was also rendered for plaintiffs, in the ejectment suit, in the District Court. Defendants appealed. The facts necessary to understand the points decided, appear in the opinion of the Court.

1Opinion of the CourtBaldwin, J.

Terry, C. J., and Field, J., concurring.

This was a suit for the recovery of a mining-claim. Various errors have been assigned by the appellant, none of which, it seems to us, are well taken.

The vendors, who had sold to plaintiff by quit-claim-deed, were called by plaintiff, and objected to as incompetent, on the ground of interest; but it is well settled, on principle and authority, that the objection is not good.

It is also objected, that several leading questions were permitted to be asked of a witness; but if this were a reviewable error, if the record warranted the point, it is not, in…

2Cited by2 opinions

  1. Oller v. CadiernoSupreme Court of Puerto Rico · 1936
  2. Oller Oller v. CadiernoSupreme Court of Puerto Rico · 1936

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