Legal Opinion

White v. Abernathy, Clark & Co.

California Supreme Court

Decided October 15, 1853PublishedCited by 8 opinions

Appeal from the. Superior Court of the City of San Francisco.

1Opinion of the Court

The opinion of the court was delivered by

2ConcurrenceHeydenfeldt, Justice

The record contains no relation of the facts as they were disclosed in the court below, and the only bill of exceptions is one which contains the directions of the court to the jury. All intendments must be in favor of sustaining the judgments of courts of original jurisdiction, and to disturb such judgment, it is not sufficient that error may have intervened, but it must be affirmatively shown by the record. Therefore the naked directions of a court, unaccompanied with any statement of facts, cannot satisfy us of substantial error, although some of…

3Cited by8 opinions

  1. State v. PerryIdaho Supreme Court · 1894
  2. Henderson v. MorrisOregon Supreme Court · 1873
  3. State v. PrestonIdaho Supreme Court · 1894
  4. Frost v. Grizzly Bluff Creamery Co.California Supreme Court · 1894
  5. Goodman v. Minear Mining & Milling Co.Idaho Supreme Court · 1867

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