Thompson v. Hancock
California Supreme Court
A contest arose in the State Land Office between the plaintiff and the defendant in regard to the right to purchase the northwest quarter of section sixteen, township one south, range fourteen west, San Bernardino meridian, which was referred to the court.
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A contest arose in the State Land Office between the plaintiff and the defendant in regard to the right to purchase the northwest quarter of section sixteen, township one south, range fourteen west, San Bernardino meridian, which was referred to the court. The defendant was the prior applicant, but the court found as a fact that Hancock’s application to purchase, so far as it applied to the north half of the quarter-section, was made under an agreement between Hancock and one Nichols; that Hancock was to purchase it for the benefit and use of Nichols, and was to convey it to him as soon as…
1Opinion of the Court
By the Court:
Bespondent is in error with respect to the effect of section nine hundred and fifty of the Code of Civil Procedure. That section does not forbid the hearing of an appeal from a judgment, unless there should be a bill of exceptions, but only provides that the court shall be furnished with a copy of any bill of exceptions upon which the appellant relies.
Nor (when the question is, “Do the findings sustain the judgment?”) is a bill of exceptions rendered necessary by section nine hundred and fifty-six. Although a verdict or decision is deemed to be excepted to (Sec. 646), it may be…
2Cited by4 opinions
- Knight v. RocheCalifornia Supreme Court · 1880
- Wilson v. WilsonCalifornia Supreme Court · 1883
- Bryan v. GrahamCalifornia Court of Appeal · 1907
- Murphy v. LynchCalifornia Court of Appeal · 1933