Handley v. Figg (1881) · DecisionDepot

Handley v. Figg

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

California Supreme Court Jul 1, 1881 No. No. 7,258Published

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Holding. The court held that an appeal filed more than sixty days after the judgment precludes review of the sufficiency of the evidence, and that the findings of fact were sufficient to support the judgment.

Issues

Whether an appeal filed more than sixty days after judgment allows for review of the evidence's sufficiency.
Whether the findings of fact support the judgment.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We think that the findings support the judgment”

Synopsis

Appeal—Exception—Sufficiency of Evidence—Findings.—An exception to the decision on the ground that it is not supported by the evidence can not be reviewed on an appeal from the judgment, if not taken within sixty days after its rendition.

Findings—Trust—Former Adjudication—Estoppel.—The findings in this case held to be sufficient to support the judgment.

The Court: The judgment from which this appeal is taken was entered on the 31st day of December, 1879, and the notice of appeal was not served and filed until the 11th day of June, 1880. As the appeal was not taken within sixty days after the rendition of the judgment, the exception to the decision on the [581]ground that it is not supported by the evidence can not be reviewed on this appeal, which is from the judgment alone.

We think that the findings support the judgment, and that is all that we are called upon to decide upon this record.

Judgment affirmed.

Handley v. Figg

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