Haley v. Shepherd (1885) · DecisionDepot

Haley v. Shepherd

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

California Supreme Court Jul 31, 1885 No. No. 9901Published

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Holding. The court affirmed the lower court's judgment because the conclusion was supported by the deed under which the plaintiff claimed and the case involved a conflict of testimony that the appellate court would not disturb.

Issues

Whether the lower court's conclusion was supported by the deed from the mayor and common council of Los Angeles to Basilio Jurado.
Whether the appellate court should disturb a judgment based on a conflict of testimony.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The case presented is one of a conflict of testimony, and in such state of the testimony we never disturb the judgment or order of the court below.”

Synopsis

Appeal—Conflicting Testimony.—Where, on Appeal, the Case presented is one of conflict of testimony, the judgment of the lower court will not be disturbed.

By the COURT. On an examination of the testimony in this case, we cannot say that the conclusion reached by the court below is not correct. It seems to us to be in accord with the deed from the mayor and common council of the city of Los Angeles to Basilio Jurado, under which plaintiff claims. The case presented is one of a conflict of testimony, and in such state of the testimony we never disturb the judgment or order of the court below.

Judgment and order affirmed.

Haley v. Shepherd

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