Cauhape v. Security Savings Bank
California Supreme Court
APPEAL from an order of tbe Superior Court of tbe City and County of San Francisco, granting a new trial. William T. Wallace, Judge.
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APPEAL from an order of tbe Superior Court of tbe City and County of San Francisco, granting a new trial. William T. Wallace, Judge. Tbe action was brought by Mary Canbape, formerly Mary Pond, to recover a sum of three thousand dollars alleged to have been had and received by tbe Security Savings Bank to tbe use of tbe plaintiff, and to have it determined that an adverse claim to that sum made by tbe executors of the estate of Cora L. Floyd, deceased, to said moneys, was invalid. Tbe evidence showed that tbe father of Cora L. Floyd bad willed two thousand dollars to Mary Pond, and shortly…
1Opinion of the CourtYan Fleet, J.
Appeal from an order granting a new trial. The grounds of the motion for new trial included that of in*84sufficiency of tlie evidence to justify the decision, and tbe order granting the motion was general in terms.
It is assumed as a premise by appellant, upon which he bases his argument for a reversal, that “there is no serious question of fact in the ease; and the order granting a new trial was the result apparently of a change of the view first taken by tne trial court of the law bearing upon the facts.” The record fails to sustain this assumption. While the evidence tending to prove the…
2Cited by10 opinions
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- People v. SheranCalifornia Supreme Court · 1957
- Nevills v. Moore Mining Co.California Supreme Court · 1902
- Spoon v. SheldonCalifornia Court of Appeal · 1915
- Jensen v. FriedmanCalifornia Court of Appeal · 1947
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