Nims v. Johnson

Citations

• 7 Cal. 110

Syllabus

<p>The fact of the appellants having objected, in the Court below, to the introduction of evidence of location of a school-land warrant, on the ground that it was not recorded in the proper office, is not sufficient to justify the Appellate Court in presuming that such was the case, when the statement on appeal contains no evidence of the fact.</p> <p>The act of May 3, 1852, makes no reservation of mineral lands, and there is no prohibition against locating school-land warrants on any of the mineral lands in the State. Where all the records of a former suit have been destroyed by fire, except the judgment-book, parol evidence of the pleadings and issues between the partios is inadmissible, unless the party offering it introduces, at the same time, a certified copy of tho judgment.</p>