Anthony v. Grand

Citations

• 101 Cal. 235
• 35 P. 859
• 1894 Cal. LEXIS 1015

Syllabus

<p>Action for Assault and Mayhem—Evidence—Reputation of Defendant.—In an action to recover damages for an assault and mayhem, by biting off a finger of the plaintiff, where the trial court found that the defendant willfully and violently assaulted the plaintiff and inflicted the injuries complained of, and the finding is not questioned upon appeal, the refusal of the trial court to admit testimony upon the part of the defendant as to his reputation for being peaceable and quiet was not prejudicial error.</p> <p>Costs—Recovery Less Than Three Hundred Dollars—Construction of Code—Defendant Not Entitled to Costs.—Under section 1025 of theCode of Civil Procedure, which provides that “No costs can be allowed in an action for the recovery of money or damages when the plaintiff recovers less than three hundred dollars,” neither party can recover costs in such case, and the defendant is not entitled to a judgment against the plaintiff for his costs.</p>