McClory v. McClory
California Supreme Court
Appeal from the District Court of the Sixth District, Tolo County. The plaintiff appealed. The action was to establish a trust as to the title to certain land, and to compel a conveyance. The remainder of the case is given in the opinion of the Court.
1Opinion of the CourtSanderson, J.
The ease has been brought here upon the judgment roll, and the only point made by the appellant is, that the pleadings and findings are repugnant to the judgment. This point • assumes that the Court below made a written finding of the facts in issue, and filed them in the case ; but we are of the opinion that the matter or thing called a “finding of facts ” in the transcript, and assumed by counsel to be one, *576cannot be so considered. It is in the following words : “ The plaintiff’s claim to the relief he asks is based on the notion that the location of a certain tract of land in the name of…
2Cases cited3 opinions
- Hidden v. JordanCalifornia Supreme Court · 1865
- James v. WilliamsCalifornia Supreme Court · 1866
- Le Roy v. RogersCalifornia Supreme Court · 1866
3Cited by9 opinions
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- Hamilton v. Spokane & Palouse RailroadIdaho Supreme Court · 1891
- Wixson v. DevineCalifornia Supreme Court · 1885
- Victor Gold & Silver Mining Co. v. National Bank of the RepublicUtah Supreme Court · 1898
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