Opinion
Appeal from the Sixth District, County of Sacramento.
In this case the judgment was rendered May 18th, 1857. Notice of appeal was filed and served May 12, 1858. On the nineteenth of May, 1858, the parties stipulated that the statement used on motion for a new trial, should stand as the statement on appeal; respondent reserving his right to object to the appeal upon the ground that the same was not taken in time.
COUNSEL:
E. B. Crocker, for Appellant.
Smith & Hardy and Sanders, for Respondents.
JUDGES: Terry, C. J., delivered the opinion of the Court. Baldwin, J., concurring.
OPINION
TERRY, Judge
The complaint alleges a contract made with defendant, through his agent or deputy. In support of this allegation evidence was introduced, showing that defendant was Sheriff of the county, and that the contract was made by Stewart, one of his deputies.
This evidence was not sufficient to warrant the judgment. No special authority to make the contract is shown, and the mere fact of his being Deputy Sheriff, did not authorize Stewart to bind his principal in this manner.
Judgment reversed.