Davis v. Hart (1894) · DecisionDepot

Davis v. Hart

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

California Supreme Court Aug 13, 1894 No. No. 19401Published

Before: Fitzgerald

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Holding. The court reversed the judgment and order appealed from because the findings were challenged on the grounds of insufficient evidence and the respondent failed to file a brief or present oral argument.

Issues

Whether the judgment and order should be reversed due to the insufficiency of the evidence to support the findings.

Disposition. reversed

Quotations verified verbatim against the opinion

“the findings are attacked by the specifications on the ground of the insufficiency of the evidence to support them, it follows on the authority of Richter v. Fresno Canal etc. Co., 101 Cal. 582, that the judgment and order appealed from should be reversed.”

Synopsis

Appeal—Sufficiency op Evidence—Failure of Respondent to Argue Cause—Reversal.—Where the record shows that the findings are assailed by the specifications on the ground of the insufficiency of the evidence to support them, and there is no brief on file by the respondent, and no oral argument in his behalf, the judgment and order appealed from will be reversed.

Fitzgerald, J. There is no brief on file by respondent, nor was the case orally argued in his behalf. ■

As the record shows that the findings are attacked by the specifications on the ground of the insufficiency of the evidence to support them, it follows on the authority of Richter v. Fresno Canal etc. Co., 101 Cal. 582, that the judgment and order appealed from should be reversed.

So ordered.

McFarland, J., and De Haven, J., concurred.

Davis v. Hart

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