Macy v. Goodwin
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Yuba. This was an action to recover possession of two rooms in a building in Marysville.
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Appeal from the District Court of the Tenth Judicial District, County of Yuba. This was an action to recover possession of two rooms in a building in Marysville. The complaint sets forth that the rooms had been held by R. S. Mesick as a tenant of the former owners; that the plaintiffs had purchased the property, and that Mesick had, with the consent of the plaintiffs, surrendered to him his lease; that previously the defendants had entered into the possession of the rooms in question by the consent of Mesick j that notice of the surrender of the lease and a demand of possession had been…
1Opinion of the CourtJustice Heydenfeldt
Mr. Chief Justice Murray and Mr. Justice Terry concurred.
This case must he reversed on the authority of Beach v. McCann, 2 Cal., and the Executors of Folsom v. Scott at this term.
*582Section 21 of the Act of March, 1851, provides that copies of papers from the recorder’s office shall be received with the like effect as evidence “ as the originals could be if produced.” This does not dispense with the production of the original if it can be obtained. It merely fixes the value as evidence of the copy, when from the loss of the original it is necessary to be introduced. There is no attempt by this…
2Cited by1 opinion
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