Pico v. Cuyas
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The-complaint contained two counts, one for the rent of the hotel at $570 per month, from June 15th, 1870, up to. February 15th, 1872, and the other for thirty thousand dollars, for so much money paid by the plaintiff at defendant’s request, to merchants in San Francisco, for furniture, carpets, etc., bought by defendant from the merchants.
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Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The-complaint contained two counts, one for the rent of the hotel at $570 per month, from June 15th, 1870, up to. February 15th, 1872, and the other for thirty thousand dollars, for so much money paid by the plaintiff at defendant’s request, to merchants in San Francisco, for furniture, carpets, etc., bought by defendant from the merchants. It was alleged that the plaintiff leased the Pico house in Los Angeles, to the defendant, by a lease dated March 3d, 1870, and that the defendant went into occupation…
1Opinion of the Court
By the Court, Niles, J.:
Several of the original findings of the Court, and most of the additional findings made at the request of plaintiff’s *178counsel, and to which much of their argument is addressed, are obnoxious to the objection that they are merely statements of the evidence upon which the findings of fact were , based. It has been repeatedly held that a finding of the Court cannot be impeached upon the ground that it is contrary to the evidence, otherwise than by a motion for a new . trial, and statement of evidence upon the motion. We can consider, upon appeal from the judgment, only…
2Cited by32 opinions
- Bates v. BabcockCalifornia Supreme Court · 1892
- Perry v. QuackenbushCalifornia Supreme Court · 1894
- Murphy v. BennettCalifornia Supreme Court · 1886
- Fisher v. OliverCalifornia Supreme Court · 1917
- Smith v. AckerCalifornia Supreme Court · 1877
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