Smith v. Acker
California Supreme Court
Appeal from the District Court, Twenty-second Judicial District, County of Sonoma. Ejectment to recover the Bodega Ranch, lying in Sonoma County. A portion of the defendants, who occupied, in severalty, parts of the ranch, answered separately, denying the plaintiff’s title to the parts they occupied. The complaint was dismissed as to the defendants not answering, and as to all the land not included in the answers of those answering.
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Appeal from the District Court, Twenty-second Judicial District, County of Sonoma. Ejectment to recover the Bodega Ranch, lying in Sonoma County. A portion of the defendants, who occupied, in severalty, parts of the ranch, answered separately, denying the plaintiff’s title to the parts they occupied. The complaint was dismissed as to the defendants not answering, and as to all the land not included in the answers of those answering. The ranch contained about thirty-five thousand acres. The case was tried without a jury, and the Court found the ultimate facts in issue; that the plaintiff did…
1Opinion of the Court
The first finding is a general verdict. The additional findings •are a special verdict. In such case the special finding prevails over the general one. (Leese v. Clark, 20 Cal. 387; McDermott v. Higby, 23 Ibid., 489.)
James B. Townsend, for the Respondent.
The Court can only consider the ultimate facts found. (Pico v. Cuyas, 47 Cal. 178.) The additional findings can have no ■effect as against the original findings, because they are nowhere •stated to contain all the facts, nor all the material facts which were proved on the trial.
It is nowhere stated or shown that the only proof by which…
2Cases cited3 opinions
- Leese v. ClarkCalifornia Supreme Court · 1862
- Pico v. CuyasCalifornia Supreme Court · 1873
- Mulcahy v. GlazierCalifornia Supreme Court · 1877
3Cited by31 opinions
- Savings & Loan Society v. BurnettCalifornia Supreme Court · 1895
- Gossman v. GossmanCalifornia Court of Appeal · 1942
- Falk v. FalkCalifornia Court of Appeal · 1941
- Perry v. QuackenbushCalifornia Supreme Court · 1894
- Murphy v. BennettCalifornia Supreme Court · 1886
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