Scannell v. Strahle (1858) · DecisionDepot

Scannell v. Strahle

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1858Published

Before: Burnett, Terry

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Holding. The court affirmed the judgment, holding that it will not disturb findings supported by evidence despite conflicts and that evidence of ownership inconsistent with prior admissions is properly rejected.

Issues

Whether the court should disturb findings based on conflicting evidence.
Whether evidence of ownership inconsistent with prior admissions is admissible.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The testimony offered by defendants, to prove ownership in the property, was properly rejected, because entirely inconsistent with the declarations and admissions of defendants”

Synopsis

The Supreme Court will not disturb the' findings of a Court or jury on account of conflicting evidence.

Terry, C. J., delivered the opinion of the Court—Burnett, J., concurring. The findings in this case, which are supported by the evidence, fully sustain the judgment; and wo have often held that we will not disturb the findings of a Court or jury on account of conflicting evidence.

The testimony offered by defendants, to prove ownership in the property, was properly rejected, because entirely inconsistent with the declarations and admissions of defendants, made at the time the plaintiff was induced to permit the property to remain in their possession until called for,

Judgment affirmed.

Scannell v. Strahle

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