Nelson v. Lemmon

Field J., concurring.

*50In this case appellant assigns as error the refusal of the Court to give certain instructions, but the record contains no statement of the evidence to show that the instructions asked had any relation to the facts proven.

In White v. Wentworth, (3 Cal., 246,) we held : “ All intendments must he in favor of sustaining the judgments of Courts of original jurisdiction, and to disturb such judgment, it is not sufficient that error may have intervened, but it must be affirmatively shown by the record. Therefore, the naked directions of a Court, unaccompanied with any statement…