Sears v. Schwartz

BISHOP, J. protem.

A principle of law bars appellant from success on this appeal. It is expressed in Hoppe v. Robb, (1851) 1 Cal. 373, 374, in these words: “We have frequently held that we would not review the verdict of a jury upon a question of fact, where there was conflicting or contradictory evidence, upon which the verdict was based. The same rule applies to the finding of a judge, to whom a question of fact is submitted, and upon which he has passed.” Ninety years later we find the principle still in vogue. “A finding of the trial court upon conflicting evidence will not be disturbed on…