Brind v. Gregory

Citations

• 122 Cal. 480
• 55 P. 250
• 1898 Cal. LEXIS 616

Syllabus

<p>Judgment upon Pleadings—Sufficiency of Answer—Statute of Limitations—Estoppel of Former Judgment.—A plaintiff is not entitled to a judgment upon the pleadings, if the answer pleads the statute of limitations, and an estoppel by a former adjudication of this court between the same parties.</p> <p>Motion for New Trial—Skeleton Statement.—Where the judge certifies that the engrossed statement on motion for a new trial is a mere skeleton, and does not contain all the evidence offered at the trial tending to prove the allegations of the answer, and where it appears that it does not adequately present the evidence in respect to which errors are claimed, the statement may be disregarded.</p> <p>Id.—Documentary Evidence—Decree of Distribution—Color of Title —Adverse Possession.—A decree of distribution, under which defendants entered into possession and claimed adversely, even if not regularly made and entered, is admissible in favor of the defendants, as showing color of title, under which they claimed In support of adverse possession.</p> <p>Id.—Unavailable Exception—Absence of Evidence—Presumption.— An exception to the admission of documentary evidence and of the testimony of witnesses to show adverse possession, is unavailable, where none of the evidence excepted to is set out in the statement; and it must be presumed, in the absence of the evidence admitted, that it was relevant and material.</p> <p>Id.—Res Ad judicata.—Questions of law already decided by this court between the same parties, upon former appeals, will not be reviewed upon a subsequent appeal.</p>