Shadburne v. Daly

Citations

• 76 Cal. 355
• 18 P. 403
• 1888 Cal. LEXIS 890

Syllabus

<p>Practice—Appeal — Bill op Exceptions—Errors op Law—Specification op Particulars. —Where an appeal is taken on a bill of exceptions, errors of law occurring at the trial may be reviewed, although no specification of the particular errors of law on which the appellant relies is contained in the hill.</p> <p>Id. — Amending Answer—Refusal when not Error.—The refusal of leave to file an amended answer is not error, when the motion therefor is made on the eve of the trial, and the jury is in attendance; and especially is this so when the case is afterwards tried as if all the matters set forth in the amended answer were pleaded.</p> <p>Evidence — Question Involving Legal Opinion.—A question calling for the opinion of a witness upon a legal proposition, which erroneously proceeds upon the supposition that the law is as stated in the question, is properly refused.</p> <p>Consideration—Promise to Pay Debt op Another—Forbearance.— Forbearance by a creditor to present a claim to the executor of the. will of a deceased person is not a consideration for a promise on the part of the widow of the testator to pay such claim, unless there was an agreement for forbearance.</p> <p>Id.—Bar op Original Claim. —In an action on a written promise to pay a claim against a third person, the question whether the claim was barred as against such third person prior to the execution of the written promise is immaterial.</p>