Thornton v. Petersen (1891) · DecisionDepot

Thornton v. Petersen

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

California Supreme Court Jun 22, 1891 No. No. 13,195Published

Before: Temple

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Holding. The court held that the evidence was sufficient to support the trial court's findings and affirmed the judgment and order denying a new trial.

Issues

Whether the evidence was sufficient to justify the trial court's decision.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We have carefully examined the record, and are satisfied that there is abundant evidence to sustain all the findings.”

“It is really an attempt to have this court weigh the evidence, and decide the case according to the preponderance.”

“The judgment and order should be affirmed.”

Synopsis

Appeal—Weight of Evidence.—Where the Sole Question is one of fact, and the evidence is sufficient to support the findings, the judgment will be affirmed.

TEMPLE, C. This appeal is from the judgment, and from an order denying plaintiff’s motion for a new trial. The only alleged errors are specifications under the claim that the evi[416]dence was insufficient to justify the decision. We have carefully examined the record, and are satisfied that there is abundant evidence to sustain all the findings. It is really an attempt to have this court weigh the evidence, and decide the case according to the preponderance. The appeal ought not to have been taken. The judgment and order should be affirmed.

We concur: Belcher, C. C.; Foote, C.

PER CURIAM. For the reasons given in the foregoing opinion the judgment and order are affirmed.

Thornton v. Petersen

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