Metz v. Bell

Citations

• 7 Cal. Unrep. 41
• 70 P. 618
• 1902 Cal. LEXIS 913

Syllabus

<p>Nonsuit.—Where, in an Action on a Promise Made in a Letter written by defendant’s intestate, the court struck out the testimony of the intestate’s wife 'that the letter was the writing of her husband, and there was no other evidence in the record showing that he wrote it, the refusal to grant a nonsuit was erroneous.</p> <p>Appeal.—Where the Record Purports to Contain All the Evidence taken at the trial of an action, the court on appeal will not presume that resort was had to evidence not disclosed by the record.</p>