Hughes v. Wheeler

Citations

• 76 Cal. 230
• 18 P. 386
• 1888 Cal. LEXIS 863

Syllabus

<p>Ejectment—Judgment fob Defendant when not Conclusive on Title. —In an action of ejectment, a judgment in favor of the defendant for costs, rendered upon a special verdict that the plaintiff was the owner and entitled to the possession of the land, and that the defendant had not, prior to the commencement of the action, withheld the same from him, is not conclusive against the plaintiff as to his title.</p> <p>Pleading — Estoppel — Appeal. —The sufficiency of the manner in which an estoppel is pleaded will not be reviewed on appeal, when the plea was treated at the trial as properly made and sufficient.</p> <p>Instructions — Immaterial Error. — An error of law in an instruction is immaterial, if it appears that the verdict is nevertheless necessarily correct upon the evidence, or that a new trial must have been granted had the jury not returned the verdict it did.</p> <p>Id.— Repeating Testimony to Jury. —In the absence of any showing to the contrary, it will be presumed that the action of the court, in permitting a portion of the testimony to be read to the jury when they had returned for further instructions, was without prejudice.</p> <p>Evidence — Objection how Made. —An objection to the admission of evidence will not be considered on appeal, unless the ground of the objection was made known to the court on the trial.</p> <p>Estoppel—Instructions. ■— Certain instructions on the subject of estoppel, held correct.</p>