Wheeler v. Kassabaum
California Supreme Court
Appeal from a judgment of the Superior • Court of Mariposa County, and from an order refusing a new trial. The complaint alleged, in substance, that the plaintiff was engaged in the business of raising cattle for sale in the counties of Tuolumne, Merced, and Mariposa, and was the owner of and uses a brand “ D. H.,” in branding animals “required to be branded by” section 3167 of the Political Code, and that he caused the brand to be recorded in the office of the respective…
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Appeal from a judgment of the Superior • Court of Mariposa County, and from an order refusing a new trial. The complaint alleged, in substance, that the plaintiff was engaged in the business of raising cattle for sale in the counties of Tuolumne, Merced, and Mariposa, and was the owner of and uses a brand “ D. H.,” in branding animals “required to be branded by” section 3167 of the Political Code, and that he caused the brand to be recorded in the office of the respective recorders of the three counties named; that he transferred his cattle to defendant as security, and delivered with them…
1Opinion of the CourtMcKinstry, J.
There is no evidence in the transcript to sustain the finding of five hundred dollars damages. The order denying a new trial must therefore be reversed.
There are other portions of the judgment which are not justified by the evidence or findings, but as a judg*92ment falls upon the entry o'f an order granting a new trial, it is not necessary to indicate such portions of the judgment.
The appeal from the judgment has been dismissed, and the sufficiency of the complaint cannot be considered on the appeal from the order denying a new trial. (1 Hayne on New Trial, sec. 1; Mason v. Austin, 46 Cal. 385;…
2Cases cited3 opinions
- Onderdonk v. City & Cty. of S.F.California Supreme Court · 1888
- Jacks v. BuellCalifornia Supreme Court · 1873
- Mason v. AustinCalifornia Supreme Court · 1873
3Cited by3 opinions
- Alpers v. HuntCalifornia Supreme Court · 1890
- Pierce v. BirkholmCalifornia Supreme Court · 1896
- Lambert v. MarcuseCalifornia Supreme Court · 1902