Harding v. Vandewater
California Supreme Court
Appeal from tbe District Court of tbe Fifteenth. District, City and County of San Francisco. This action was commenced against Robert J. Yande-water in bis lifetime, to recover six thousand dollars and interest alleged to be due upon a promissory note made by him, and payable to the order of the Real del Monte Consolidated Gold and Silver Mining Company. While the action was pending, Yandewater died, leaving his wife, Ann Sophia Yandewater, sole executrix.
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Appeal from tbe District Court of tbe Fifteenth. District, City and County of San Francisco. This action was commenced against Robert J. Yande-water in bis lifetime, to recover six thousand dollars and interest alleged to be due upon a promissory note made by him, and payable to the order of the Real del Monte Consolidated Gold and Silver Mining Company. While the action was pending, Yandewater died, leaving his wife, Ann Sophia Yandewater, sole executrix. The claim against the estate involved in this action was presented to the executrix, and by her rejected. The action was duly revived…
1Opinion of the CourtTemple, J.
The statement on motion for a new trial, does not specify particularly wherein the evidence is insufficient .to sustain the judgment, nor does it specify any error alleged to have *83occurred at the trial. The only specifications of error are:
First — That the decision of the Court is against law.
Second — That upon the facts and evidence, the Court should have rendered its decision in favor of plaintiff.
This is clearly insufficient, as was held in Brumagim v. Bradshaw, (39 Cal. 24.)
If we could regard the statement, however, we are still of the opinion that the judgment must be affirmed.
The order…
2Cases cited1 opinion
- Brumagim v. BradshawCalifornia Supreme Court · 1870
3Cited by10 opinions
- Paola & Fall River Railway Co. v. Comm'rs of Anderson CountySupreme Court of Kansas · 1876
- Curtin v. Salmon River Hydraulic Gold Mining & Ditch Co.California Supreme Court · 1900
- Richman v. Bank of PerrisCalifornia Court of Appeal · 1929
- Land Co. v. JellicoTennessee Supreme Court · 1899
- Pike County v. RowlandSupreme Court of Pennsylvania · 1880
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