Legal Opinion

McCarthy v. Brown

California Supreme Court

Decided May 25, 1896No. S. F. No. 262PublishedCited by 26 opinions

Appeal from a judgment of the Superior Court of Mariposa County. John M. Corcoran, Judge. The facts are stated in the opinion.

1Opinion of the Court

Vancliff, C..Ejectment. Judgment for plaintiff.. Appeal from judgment on judgment-roll.

Appellant claims that the findings do not support the-judgment, because: 1. The finding (No. 16) that defendant “ ousted the plaintiff” is a conclusion of law, in that it does not find the facts constituting the ouster; 2. That there is no finding “ that plaintiff, at the time of commencing the suit, was entitled to the possession” of the demanded premises.

1. In the case of Smith v. Mohn, 87 Cal. 497, it was said: “ They [findings] should be statements of the ultimate facts, and not of the probative facts.…

2Cases cited20 opinions

  1. Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
  2. Bath v. ValdezCalifornia Supreme Court · 1886
  3. Millard v. Supreme Council of American Legion of HonorCalifornia Supreme Court · 1889
  4. Jones v. ClarkCalifornia Supreme Court · 1871
  5. Hihn v. PeckCalifornia Supreme Court · 1866

15 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. LaMar v. LaMarCalifornia Supreme Court · 1947
  2. Hayden v. CollinsCalifornia Court of Appeal · 1905
  3. Turner v. TurnerCalifornia Supreme Court · 1921
  4. Skopp v. WeaverCalifornia Supreme Court · 1976
  5. Botka v. Sandra T.California Court of Appeal · 1974

21 more not listed; retrieve them via the Exa API.

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