Legal Opinion

Woods v. Diepenbrock

California Supreme Court

Decided November 5, 1903No. Sac. No. 983PublishedCited by 3 opinions

APPEAL from a judgment of the Superior Court of San Joaquin County. J. W. Hughes, Judge. The facts are stated in the opinion of the court.

1Opinion of the Court

LORIGAN, J.—

This is an appeal from a judgment dismissing the action, and is taken upon the judgment-roll alone. There is no hill of exceptions; hence we are not advised upon which particular ground the lower court ordered'the dismissal. The judgment recites that 1 ‘ The court, after hearing the evidence adduced . . . and good cause appearing therefor, it is ordered that said motion be and the same is hereby granted. ’ ’

Upon appeal every intendment is in favor of the validity of the judgment appealed from, and it is incumbent upon the party assailing it to show affirmatively that it is…

2Cases cited1 opinion

  1. Estate of WootenCalifornia Supreme Court · 1880

3Cited by3 opinions

  1. Kovacevich v. Fischer Motor Body Co.California Court of Appeal · 1928
  2. Norton v. MeyersCalifornia Court of Appeal · 1929
  3. Ward v. McKinseyCalifornia Court of Appeal · 1929

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