Nichol v. Laumeister

Citations

• 102 Cal. 658
• 36 P. 925
• 1894 Cal. LEXIS 705

Syllabus

<p>Appeal—Review op Conflicting Evidence.—Where there is a substantial conflict in the evidence, the verdict of a jury cannot he disturbed upon appeal, upon the ground that the evidence was insufficient to justify it.</p> <p>Conversion of Goods—Action Against Sheriff—Impeachment of Garnishee.—In an action for the conversion of personal property sold by the sheriff under a writ of attachment, the writ of attachment and the sheriff’s return thereon, with a memorandum furnished by a garnishee, are properly admitted in evidence in connection with the cross-examination of the garnishee, for the purpose of showing that some of the statements made by the witness upon his direct examination were not true.</p> <p>Id.—Burden of Proof—Instructions—Omission of Request.—Where the instructions given to the jury as to the burden of proof state the law correctly as to to the burden of proof upon the part of the plaintiff, so far as they go, if tile plaintiff desires further instructions as to the burden of proof upon the issues raised by the answer, he should ask for them, and, having failed to do so, he cannot be heard to complain upon appeal.</p> <p>ID._Instructions Already Given—Modification.—An instruction upon a subject on which the court of its own motion has charged the jury fully and fairly is properly refused; and the court may modify an instruction asked for to conform to the law.</p> <p>Id._Construction of Instructions Given by Court.—The instructions given by the court must be read together as a whole, and are sufficient if, when so read, they appear to cover the whole case, and state correctly the law applicable thereto.</p>