Sweeney v. Reilly

Citations

• 42 Cal. 402

Syllabus

<p>Service ,oe Notice oe Appeal.—The statute provides no time within which the notice of appeal must be served, except that it must be served before the undertaking on appeal is filed.</p> <p>Abandonment—Inadmissible Evidence.—S. sued B. in ejectment, and proved a prima facie prior possession; in order to show that S. had abandoned the premises for others, B. offered a preemption declaration by S. made under the Act of April 22d, 1852, and the evidence was admitted. .Held, that the admission was erroneous.</p> <p>Presumption oe Injury.—Injury will be presumed from error, where the record fails to show that no error was done.</p> <p>Erroneous Instructions—Better Possession.—In an action of ejectment it is error to instruct the jury that the defendant, being in possession, plaintiff cannot recover unless he prove an earlier and better possession. Idem—Abandonment.—In such a case it is not error to refuse to instruct the jury that after the entry of defendant no neglect or omission of plaintiff in taking or exercising possession of the land, can he considered as an indication of abandonment.</p>