McFadden v. Mitchell

Citations

• 61 Cal. 148
• 1882 Cal. LEXIS 567

Syllabus

<p>Action to Recover Personal Property—Bill oe Sale—Delivery.—It is not a sufficient objection to the introduction of a bill of sale in evidence that there has been no proof of its delivery.</p> <p>Id.—Cross-examination—Evidence.—The plaintiff’s vendor having testified as a witness for the plaintiff to the execution of the bill of sale, the defendant on cross-examination proposed to ask him several questions as to the consideration of the instrument, which were objected to on the ground that they were not responsive to the examination in chief. Held-. The objections were properly sustained.</p> <p>Foreign Law—Expert. — A witness testified that he had resided in the State of Sonora and was acquainted with the Spanish language and to some extent with the existing laws of Mexico and with the books there recognized as authority; and that “Eseriehfe” was recognized there as the general law of the land. v</p> <p>Held: The witness was shown to be sufficiently skilled in the unwritten law of Mexico to render him competent to testify to what it was.</p>