Salinas City Bank v. De Witt

Citations

• 97 Cal. 78
• 31 P. 744
• 1892 Cal. LEXIS 761

Syllabus

<p>Partnership—Evidence — Declarations of Co-defendant. — Declarations of one defendant, to the effect that another defendant and he were partners, made in the absence of such other defendant, are incompetent, as against the latter, to establish the fact of partnership, when such fact is in issue.</p> <p>Admission of Incompetent Evidence — Appeal — Presumption of In, jury. — Where there is a conflict of evidence upon an issue in a case, all the evidence upon that point becomes material, and the introduction of any incompetent testimony is presumed to cause an injury to the opposite party.</p>