Gregory v. Nelson
California Supreme Court
Appeal from the District Court of the Second Judicial District, County of Butte. There were no findings of fact or conclusions of law in the Court helow, except such as were included in the judgment. The other facts are stated in the opinion:
1Opinion of the Court
By the Court, Sprague, J.:
This is an appeal from the judgment and subsequent order of the Court denying appellant’s motion to modify the same. Substantially, it is but an appeal from the judgment upon the judgment roll alone.
The practice adopted by the learned Judge of the District Court before whom the case was tried cannot be commended. "What is termed the judgment in the case, instead of being a simple sentence of the law upon the material ultimate facts, admitted by the pleadings or found by the Court, proceeds to adjudge and decree the existence of ultimate facts, some of which are not…
2Cases cited1 opinion
- Burnett v. StearnsCalifornia Supreme Court · 1867
3Cited by20 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- Allen v. San José Land & Water Co.California Supreme Court · 1891
- Felsenthal v. WarringCalifornia Court of Appeal · 1919
- Posey v. DoveNew Mexico Supreme Court · 1953
- Geddis v. ParrishWashington Supreme Court · 1889
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