Heirs v. Hendricks

Citations

• 3 Cal. 427

Syllabus

<p>To admit proof of the handwriting of a witness to an instrument, it must be shown that the witness is beyond the jurisdiction of the court, or, that he could not be found after diligent search for him had been made; that his absence may be inferred.</p> <p>The act of 1851, sect. 21, gives to papers properly recorded, the like effect as the originals, but it does not dispense with proof of execution.</p> <p>The certificate of a tax collector, offered to prove payment of taxes, so as to show that there was no abandonment of the possession of the premises, is not evidence, where the tax collector himself can be called as a witness.</p> <p>In his absence, his receipt for taxes, with proof of its execution, would be admissible.</p>