Baumgarden v. Aiken

As clearly appears from the opinion handed down by the Court of Appeal, it was admitted at the trial hereof in the court below, “by agreement dictated into the record, that plaintiff is entitled to recover something from some one or more of the defendants” ; hence the only questions involved were, How much he should recover? and From which of the defendants?

It further appears from the syllabus to that opinion (prepared by the court itself according to custom) that the court found as a fact that “the acts or omissions (of the relator', a subcontractor) are shown to have been the cause of the…