Marshall v. Hancock

Citations

• 80 Cal. 82
• 22 P. 61
• 1889 Cal. LEXIS 866

Syllabus

<p>Evidence—Objection to Question—Otter of Proof when Necessary — Review of Ruling. — Where a question to which an objection is sustained on the trial does not itself indicate whether the answer to it will be material evidence or not, the party seeking to introduce the evidence must, in order to have the ruling reviewed on appeal, make an offer of what he proposes to prove, so that the trial and the appellate court can determine whether the proposed evidence is material or not.</p> <p>Id.:—Comparison of Handwritings — Signature of Official — Proof of Public Record. — Where the genuineness of the signature of a person who was a justice of the peace is in controversy, his signatures to his official docket as justice, after being proved to the satisfaction of the trial judge, are admissible in evidence for the purpose of comparison with the handwriting in controversy, without formal proof that the docket is a public record,</p> <p>Id. — Admissibility of Testimony of Deceased Person. — The testimony of a witness in a prior action is not admissible, after his decease, in a subsequent action between different parties and involving a controversy as to a different matter.</p> <p>Id. — Immaterial Error. — Error in the admission of evidence which could not have prejudiced the opposite party is not ground for a reversal.</p>