Opinion

Harper v. Rowe

  • 53 Cal. 233
Court
California Supreme Court
Filed
Jul 1, 1878
Status
Published
Author
McKinstry
On the bench
McKinstry
Cited by
37 cases

The opinion

McKinstry, J., concurring:

I concur in the judgment. The Court below erred in overruling the objection to the admission of the tax judgment without the production of the “ roll.” Where the judgment is offered as evidence of more than the res ipsa, and is relied on as evidence of title acquired by sale under it, the whole record —under our practice the judgment roll—must be produced. In my opinion there are other. reasons for this than the one suggested in the opinion of the Court, and questions may be determined by inspection of the judgment roll besides the one relating to the acquisition of jurisdiction of the subject matter. *

The rule is technical, and is based on the solemnity accorded by the law to every portion of the record. The record is to be read as a whole, each portion connected inseparably with the other portions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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