Bennett v. Morris

Citations

• 4 Cal. Unrep. 834
• 37 P. 929
• 1894 Cal. LEXIS 1238

Syllabus

<p>Pleading—Demurrer.—The Question Whether a Pleadmg is Ambiguous and uncertain cannot be raised by a general demurrer.</p> <p>Evidence—Absence of Revenue Stamp.—The fact that the record of a deed executed in 1872 does not show that any United States revenue stamps were placed thereon does not render such record incompetent evidence.</p> <p>Waters.—In an Action for Damages for the Diversion of water, where a witness has testified only as to the condition of ditches and flumes, and the work required to clear them, and not as to the amount of the damage, the action of the trial court in striking out an answer of the witness, “Yes, sir, I have,” given in response to a question by defendant’s counsel as to whether the witness has stated all the damages, is within its discretion.</p> <p>Waters.—In an Action for the Diversion of Water from a Mine, a witness who testifies that he knows the claims and ditches involved; that he has been over the ditches and at the mines of both plaintiff and defendant; that he has resided in the vicinity twelve or thirteen years, and is a miner by occupation, having been engaged mostly in hydraulic mining—is qualified to give his opinion as to whether it is practicable for plaintiff to run his mine if defendant continues to run his in the same way as before.</p>