Badover v. Guaranty Trust Etc. Bank
California Supreme Court
[1] Appeal—Review of Findings of Fact.—The rule declared in section 1847 of the Code of Civil Procedure that the jury are the exclusive judges of the credibility of witnesses, which is equally applicable to the judge where the ease is tried without a jury, is the absolute rule in the matter of review of findings of fact of a trial court by an appellate court, except where the record demonstrates that in the very nature of things certain testimony of a witness cannot be true.
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[1] Appeal—Review of Findings of Fact.—The rule declared in section 1847 of the Code of Civil Procedure that the jury are the exclusive judges of the credibility of witnesses, which is equally applicable to the judge where the ease is tried without a jury, is the absolute rule in the matter of review of findings of fact of a trial court by an appellate court, except where the record demonstrates that in the very nature of things certain testimony of a witness cannot be true. The facts are stated in the opinion of the court.
1Opinion of the CourtAngellotti, C. J.
This is an appeal by defendant from a judgment in favor of plaintiff for $7,253.88 upon a promissory note found to have been given “for value” by defendant’s testate, Benjamin L. Liveson, to plaintiff. The action was commenced against said Liveson about two months before his death, which occurred March 4, 1917, prior to the trial. The trial court found that the note was lost after the commencement of the action and prior to the filing of the supplemental complaint filed after the death of Liveson, and has not since been found, notwithstanding diligent search therefor.
1. It is earnestly urged…
2Cases cited9 opinions
- In re the Estate of BurdickCalifornia Supreme Court · 1896
- Spreckels v. SpreckelsCalifornia Supreme Court · 1916
- Wadleigh v. PhelpsCalifornia Supreme Court · 1906
- Couts v. WinstonCalifornia Supreme Court · 1908
- In Re Estate of MoffittCalifornia Supreme Court · 1908
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3Cited by29 opinions
- Hendricks v. HendricksNew Mexico Supreme Court · 1950
- Bank of America National Trust & Savings Ass'n v. Lamb Finance Co.California Court of Appeal · 1960
- Hales v. SnowdenCalifornia Court of Appeal · 1937
- Gackstetter v. Market Street Railway Co.California Court of Appeal · 1935
- Alvak Enterprises v. PhillipsCalifornia Court of Appeal · 1959
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