Pico v. Stevens

Citations

• 18 Cal. 376
• 1861 Cal. LEXIS 200

Syllabus

<p>Where, in suit for the value of horses alleged to have been purchased by B., it was proven, among other things, that the horses were purchased for the use of the Overland Mail Bine, and the Court instructed the jury that, under the evidence, B. was to be considered the sole proprietor of that line : Held, that the instruction was wrong, because violating the constitutional provision prohibiting Judges from charging juries with respect to matters of fact; but, held further, that as no other conclusion could be arrived at from the evidence, the error could not have prejudiced defendant, and, therefore, is not ground of reversal.</p> <p>Where an administrator rejects a legal claim against the estate, and the claimant afterwards sues and recovers judgment therefor, he is entitled to interest from the time of presenting his claim to the administrator.</p>