Carpentier v. Gardiner

Citations

• 29 Cal. 160

Syllabus

<p>Will as Evidence.—A will is not a conveyance within the provisions of the Act concerning conveyances, which can he road in evidence upon the certificate of proof, or of acknowledgment by a Notary.</p> <p>Immaterial Error.—A judgmentwill not he reversed for an error which is immaterial.</p> <p>Change of Findings of Facts.—A Judge cannot change his findings of facts in a material particular after the entry of judgment on the findings and the adjournment of the term.</p> <p>Remission of Damages, or New Trial,—If the findings are not sustained by the evidence on a question of damages, the Court may require the plaintiff to remit the damages, or submit to a new trial.</p> <p>Ouster of a Co-tenant.—A denial of the title of a co-tenant by a tenant in common in the possession of land owned by the two as tenants in common, is evidence of an ouster of the co-tenant.</p> <p>Set-off of Value of Improvements against Damages.—The Court cannot, in an action to recover lands, set off the value of improvements against the damages, if the defendant does not desire it.</p> <p>Vacating a Finding by Appellate Court.—If, in an action to recover lands, the Court finds damages, but gives judgment for possession without damages, and the plaintiff appeals from that part of the judgment refusing damages, and the defendant appeals from the order denying a new trial, the appellate Court may vacate the findings as to the damages if not justified by the evidence.</p> <p>Conflict of Testimony.—If, in an action to recover lands, the testimony of five witnesses who know the premises, on a question of damages, is contradicted by one who testifies with respect to a much larger tract, including the premises in dispute, but without knowing thoir location, it is not such a conflict of testimony as will preclude the appellate Court from setting aside a finding in accordance with the testimony of the one.</p> <p>Finding of Facts.—The appellate Court will not find the facts upon the evidence in the recor