Cummings v. Conlan

I dissent. This cause-was tried before Judge S. C. Denson in the late district court for Sacramento county, in 1878. The decision (which is the findings of fact and conclusions of law, so defined in section 633, Code Civil Proc.) was adverse to plaintiff, who gave notice, within the proper time, of his intention to move for a new trial on the minutes of the court on various grounds ; among others, on the insufficiency of the evidence, and that it is against law. Specifications as to the insufficiency of the evidence are inserted in the notice. This motion was brought on for hearing before the…