Carr v. Cronan (1880) · DecisionDepot

Carr v. Cronan

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

California Supreme Court Jul 1, 1880 No. No. 6,379Published

Before: Department

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Holding. The court held that the absence of findings cannot be reviewed without a bill of exceptions showing non-waiver, that a pending cross-action does not mandate a continuance, and that a patent record is admissible as evidence.

Issues

Whether the absence of findings can be considered on appeal without a bill of exceptions showing non-waiver.
Whether a pending cross-action in equity requires a continuance of the primary action.
Whether the record of a patent from the United States is admissible as evidence.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The question that there were no findings in these cases cannot be considered on this appeal, because the fact of non-waiver of findings does not appear in the bill of exceptions.”

“The Court below did not err in refusing a continuance because a cross-action in equity had been commenced by the defendants against the plaintiff in the action.”

“There was no error in overruling the objections to the record of the patent from the United States to the Central Pacific Railroad Co. Such record was admissible as evidence.”

Synopsis

Findings—Continuance—Evidence—Recoed of Instrument.

Department No. 2, by the Court: 1. The question that there were no findings in these cases cannot be considered on this appeal, because the fact of non-waiver of findings does not appear in the bill of exceptions. (Smith v. Lawrence, 53 Cal. 34.)

2. The Court below did not err in refusing a continuance because a cross-action in equity had been commenced by the defendants against the plaintiff in the action.

3. There was no error in overruling the objections to the record of the patent from the United States to the Central Pacific Railroad Co. Such record was admissible as evidence.

Judgments affirmed.

. In bank, by the Coubt :

Upon the authority of the opinion heretofore filed in these causes, the orders are affirmed. Petition to hear causes in bank denied.

Carr v. Cronan

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