Penny v. Wieland (1872) · DecisionDepot

Penny v. Wieland

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

California Supreme Court Nov 29, 1872 No. No. 3300Published

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Holding. The court affirmed the judgment against the appellant because the evidence regarding his alleged prior possession of the premises was conflicting, precluding appellate interference with the trial court's findings.

Issues

Whether the appellant established a right to recover possession based on prior possession.
Whether the trial court's findings regarding possession are subject to reversal when based on conflicting evidence.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the evidence as to that possession was conflicting within the rule which protects the finding implied in support of the judgment against him from being disturbed here.”

Synopsis

APPEAL from Fourth Judicial District, San Francisco County.

By the COURT. — No errors of law are insisted upon in the printed points. The only claim upon which the appellant bases his right to recover the possession of the premises is founded upon his alleged prior possession. Upon looking into the record we observe that the evidence as to that possession was conflicting within the rule which protects the finding implied in support of the judgment against him from being disturbed here.

Judgment and order denying new trial affirmed.

Penny v. Wieland

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