Western California Land Co. v. Welch

SLOANE, J.

This is an action in ejectment. The complaint alleges plaintiff’s ownership and right to possession of the land in question, and that defendants were wrongfully in possession and withholding it from plaintiff. The answer of the defendants denies plaintiff’s claim of ownership or right of possession, and alleges that defendants are in the rightful possession. The findings support the allegations of the complaint, and judgment was for plaintiff. Defendants appeal on the judgment-roll and a bill of exceptions.

While the bill of exceptions contains a statement to the effect that all the evidence introduced on the trial is set forth therein, it affirmatively appears on the face of the bill that it does not contain all of the evidence. So far as the evidence on plaintiff’s part is concerned, the bill of exceptions is as follows: ' '

“Plaintiff offered in evidence a deed from the Title and Guaranty Company to plaintiff Western California Land Company, dated Dee. 11, 1915. (Here set out so much of said deed as is necessary to the action.) Plaintiff offered a decree of this court in case number B-29782, In Matter of Voluntary Dissolution of the Los Angeles Title and _ Trust Company, entered and docketed Nov. 4, 1915. (Here set out so much of said decree as may be necessary to the action.) Plaintiff rests."

“Defendants objected to each and every part of such offered evidence on the ground that the same was and is irrelevant, incompetent and immaterial, and without foundation, which objection was overruled by the court and the evidence admitted. Defendant then moved the court to strike out each and every part thereof, on the same grounds as objected to, which motion was overruled by the court. Defendant then moved the court to grant a nonsuit in this

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ease on the ground that no evidence had been produced by defendant, or admitted in evidence, tending in any way to support all or any of the issues in favor of the plaintiff, which motion was denied by the court.”

If defendants had rested their case at this point we would be justified in reversing the judgment.

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It is true, as* respondent urges, that this bill of exceptions contains no specification of insufficiency of the evidence to sustain the findings and judgment, as is required by section 648 of the Code of Civil Procedure and numerous decisions of the supreme and appellate courts of this state, where the findings are attacked for insufficiency of evidence; but no such specifications are necessary to ■ enable the court to consider on this appeal errors of law in the rulings of the trial court on defendant’s objections to the introduction of these documents, their motion to strike them from the record and for nonsuit on the ground of irrelevancy and immateriality of the evidence in the absence of proper foundation.