Coveny v. Hale
California Supreme Court
Appeal from the District Court, Twentieth Judicial District, Country of Santa Cruz. Action for the recovery of a promissory note given by Thomas Martin to the defendant, or order, for $800, with interest at one per cent, per month, dated November 25, 1872, and alleged to have been endorsed by the defendant to the plaintiff, and by the defendant afterwards wrongfully taken from the possession of the plaintiff.
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Appeal from the District Court, Twentieth Judicial District, Country of Santa Cruz. Action for the recovery of a promissory note given by Thomas Martin to the defendant, or order, for $800, with interest at one per cent, per month, dated November 25, 1872, and alleged to have been endorsed by the defendant to the plaintiff, and by the defendant afterwards wrongfully taken from the possession of the plaintiff. The Court made an order for judgment for the defendant, and that the plaintiff’s attorney prepare and submit findings, on the 12th day of February, 1874. The finding of facts and…
1Opinion of the Court
By the Court, McKinstry, J. :
The notice of intention to move for new trial was not filed within thirty days after the “findings” were filed. (Code Civ. Proc. Sec. 659.) The motion for a new trial, therefore, was properly denied.
We cannot inquire whether the findings are justified by the evidence, because the bill of exceptions does not specify the particulars wherein the evidence is insufficient to sustain them. The question here is, not whether the findings support the judgment, but whether the evidence sustains the findings. The findings of fact are sufficient, first, when the ultimate…
2Cited by29 opinions
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- Biddel v. BrizzolaraCalifornia Supreme Court · 1880
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