Jones v. Desmond (1885) · DecisionDepot

Jones v. Desmond

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

California Supreme Court Mar 26, 1885 No. No. 8602Published

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Holding. The court held that a new trial is required because the trial court's finding regarding a material issue—the recovery of a judgment in a prior action—was not supported by any evidence.

Issues

Whether the trial court's finding that a judgment was recovered in the action of Brooks v. Swineford is supported by the evidence.

Disposition. Reversed

Quotations verified verbatim against the opinion

“The finding is upon a material issue, and as there is no evidence to sustain it, there must be a new trial.”

“We are unable to find any evidence of the recovery of a judgment by the plaintiff in the action of Brooks v. Swineford.”

Synopsis

Appeal—Findings not Sustained by the Evidence.—Where a finding is on a material issue, and there is no evidence to sustain it, the judgment will be reversed and a new trial ordered.

By the COURT. The defendants allege and the court found that in the action of Brooks v. Swineford the plaintiff recovered a judgment for the sum demanded in his complaint. The allegation must be deemed to be denied by the plaintiff in this action; and it is assigned as error that the finding is not justified by the evidence. We are unable to find any evidence of the recovery of a judgment by the plaintiff in the action of Brooks v. Swineford. The finding is upon a material issue, and as there is no evidence to sustain it, there must be a new trial. No other material error is specified.

Judgment and order reversed.

Jones v. Desmond

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