West Coast Reporter; Containing All the Decisions as Fast as Filed of the Following Courts

West Coast Reporter; Containing All the Decisions as Fast as Filed of the Following Courts : United States Circuit and District Courts of California, Colorado, Nevada, and Oregon, and the Supreme Courts of Arizona, California, Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...that Of the defendant) is uncontradicted that the defendant was present at &I_1 near the house where the homicide was committed on the night in question. Upon the other points discussed by him, we agree with the views of Mr. Justice Thornton. The judgment and order are aflirmed. APPEAL from a judgment of the superior court of Yolo county, "entered in favor of the defendants, and from an order denying the plaintiff a new trial. The opinion states the facts. Ball J3 Craig and S. C. Denson, for the appellant. Harding J." Gain and R. Clark, for the respondents. The COURT. The court below found: "The court finds that the several allegations of said complaint not in conflict with the foregoing findings are true." We are not informed which of the other findings were, in the opinion of the court below, in conflict with the findings referred to as the " foregoin findings." In Hat an v. Ely, 55 Cal. 340, a finding "all and singular the allegations of the amended answer are untrue, except so far as the same accord with the foregoing facts," was held insufficient. This court there said: "The court below should have assumed the labor of comparing the allegations of the answer with the facts by it found; as it IS, we are not informed which of the allegations of the answer were, in the opinion of the court below, true, which untrue. We cannot assume the function of determining for the first time the truth or falsity of any of them, either by reference to the testimony or to the facts actually found." The findin here is subject to a like objection, and on the authority of Harlan v. ly, the judgment and order should be reversed. Judgment and order reversed, and cause remanded for a new trial....show more

Product details

  • Paperback | 562 pages
  • 189 x 246 x 29mm | 989g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236933761
  • 9781236933768