SOUTHERS v. SAVAGE

Docket No. 18948.

191 Cal.App.2d 100 (1961)

12 Cal. Rptr. 470

JOHN B. SOUTHERS, Plaintiff and Appellant, v. GORDON D. SAVAGE et al., Respondents; ADOLPHO NUNSIALE et al., Defendants and Appellants.

Court of Appeals of California, First District, Division One.

April 11, 1961.


Attorney(s) appearing for the Case

Edward J. Reidy and J.J. Doyle for Plaintiff and Appellant.

Delany, Fishgold & Freitas and Elmer P. Delany for Defendants and Appellants.

Carroll, Davis, Burdick & McDonough and Barfield & Barfield for Respondents.


BRAY, P.J.

Southers and cross-complainants Attilio Nunsiale and Adolpho Nunsiale appeal from judgment in favor of defendants.

QUESTIONS PRESENTED

1. Admission of oral statement of David McGuire on theory of adoptive admission.

2. Alleged error of court:

(a) in misquoting testimony of Southers;

(b) in stating that defendants did not have to prove that Southers was physically able to reply, in order to consider his silence as...

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