Reed v. Drais

Citations

• 67 Cal. 491
• 8 P. 20
• 1885 Cal. LEXIS 681

Syllabus

<p>Pleading—Demdebeb to Pabt of a Cause of Action.—A demurrer cannot be interposed to part of a cause of action or defense. If the part demurred to is irrelevant or immaterial, a motion to strike out may be made, but a demurrer must go to the whole cause of action or defense.</p> <p>Evidence—Value of Land—Opinion of Witness,—A witness called upon to give an opinion as to the value of laud must lay a proper foundation by showing that he possesses the means to form an intelligent opinion; but it is not essential that his knowledge should be derived from any peculiar skill in a particular pursuit or branch of business or department of science.</p> <p>Pbactice—NewTeial—Cumulative Evidence.—A new trial will not be granted on the ground of newly discovered evidence, where such evidence is merely cumulative.</p>