Benkert v. Benkert
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The plaintiff appealed from the judgment. The other facts are stated in-the opinion of the Court.
1Opinion of the Court
By the Court, Rhodes, J.:
The Court Commissioner to whom this case was referred reported the evidence and also the facts as found by him. It is provided by the supplementary Act of 1857 concerning divorces (Stats. 1857, p. 240) that it shall not be lawful for the Court to grant a divorce “ upon any statement or finding of facts by a referee, but only upon the legal testimony taken in the cause.” » The finding of a Court Commissioner is included within the spirit and meaning of the prohibition, and the Court accordingly determined the cause upon the testimony without regard to the finding of…
2Cited by33 opinions
- May v. New York Motion Picture Corp.California Court of Appeal · 1920
- Kusel v. KuselCalifornia Supreme Court · 1905
- McMullin v. McMullinCalifornia Supreme Court · 1903
- McMullin v. McMullinCalifornia Supreme Court · 1899
- Kupka v. KupkaSupreme Court of Iowa · 1906
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