Schultz v. McLean

Citations

• 76 Cal. 608
• 18 P. 775
• 1888 Cal. LEXIS 946

Syllabus

<p>Evidence — Hearsay. — The declarations of a party to his counsel before suit brought, not made in the presence of the opposite party, are not admissible in evidence in his behalf, for the purpose of showing that the statement thus made was the same as that made by him as a witness upon the stand.</p> <p>Judgment. —The court should pass on the cause as to all of the defendants; and it is error to render final judgment without rendering a judgment either against or in favor of one of the defendants.</p>