Brown v. Kentfield

Citations

• 50 Cal. 129
• 1875 Cal. LEXIS 106

Syllabus

<p>Ebbob which is Immatebial .— If the answer contains a special defense which consists of an averment of facts which, if admissible in evidence, can be proved under the denials contained in the answer, an order of the Court overruling a demurrer to the special defense, if erroneously made, constitutes an immaterial error.</p> <p>Exception to Chaege of Coubt.—A general exception to the charge of the Court to the jury which does not specify when it was taken, nor any particular portion of the charge, but goes to the charge as a whole, will not be noticed by the Supreme Court.</p> <p>Bill of Exceptions.— The question not decided whether a statement signed by the judge at the bottom of his charge to the jury, that “ the foregoing instructions were given by the court, to which the plaintiff excepted,” is a bill of exceptions.</p> <p>Obstbtjcting a Navigable Stbeam.—In an action to abate, as a nuisance, a boom across a navigable river, made to intercept saw-logs floated down in time of high water, and for damages, it is incumbent on the plaintiff to prove that the obstruction was unreasonable.</p> <p>Befüsal of Instbhctions to Juey.—If none of the evidence is found in the record, the court will not grant a new trial on the ground that certain instructions to the jury were refused, for the court may have refused to give them because there was an entire lack of evidence on which to base them.</p>