Legal Opinion

Spotton v. Dyer

California Court of Appeal

Decided August 8, 1919No. Civ. No. 2824PublishedCited by 19 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco. James M. Seawell, Judge. Affirmed. The facts are stated in the opinion of the court.

1Opinion of the CourtBrittain, J.

The plaintiff appeals from an order denying his motion made under the provisions of section 663 of the Code of Civil Procedure to vacate a judgment against him and to change the conclusions of law on the ground that they are not supported by the findings. None of the evidence is before the court. In such a case the appellant necessarily concedes that the findings are correct and responsive to the issues.

On April 1, 1914, the two instruments involved in this suit were executed. One was a contract between Charles H. Green, of San Francisco, and Edward F. Dyer, of Cleveland, Ohio, and the other…

2Cases cited9 opinions

  1. Breeze v. BrooksCalifornia Supreme Court · 1892
  2. Woodard v. Glenwood Lumber Co.California Supreme Court · 1915
  3. Gould v. EatonCalifornia Supreme Court · 1896
  4. National Hardware Co. v. SherwoodCalifornia Supreme Court · 1913
  5. Metropolis Tr. & Sav. Bank v. MonnierCalifornia Supreme Court · 1915

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3Cited by19 opinions

  1. Cadigan v. American Trust Co.California Court of Appeal · 1955
  2. Westervelt v. McCulloughCalifornia Court of Appeal · 1924
  3. United States National Bank v. ChappellMontana Supreme Court · 1924
  4. California Canning Peach Growers v. WilliamsCalifornia Supreme Court · 1938
  5. Call v. Alcan Pacific Co.California Court of Appeal · 1967

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