Kincaid v. Johnson (1874) · DecisionDepot

Kincaid v. Johnson

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

California Supreme Court Jul 1, 1874 No. No. 4,152Published

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Holding. The court affirmed a judgment for $90 in rent, finding that the conflicting evidence regarding the rental value supported the trial court's decision and that the appeal was frivolous.

Issues

Whether the evidence supported the trial court's judgment regarding the amount of rent due.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The proof as to the value of the rents was conflicting, and we cannot disturb the judgment on the ground that it was not justified by the evidence, in respect to the amount due.”

“The appeal is frivolous, and was apparently taken for delay.”

Synopsis

Damages fob Dbivolotjs Appeal.-—'When an appeal is frivolous, and taken apparently for delay, the Court will impose damages on affirming the judgment.

By the Court: This appeal is by the defendant from a judgment for $90. The answer admits that the defendant was liable to the plaintiff for the reñí of the property, but avers that the amount due was only $70. The proof as to the value of the rents was conflicting, and we cannot disturb the judgment on the ground that it was not justified by the evidence, in respect to the amount due. The appeal is frivolous, and was apparently taken for delay. ;

Judgment affirmed, with fifty per cent, damages. Remittitur forthwith.

Kincaid v. Johnson

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