Coveny v. Hale

Citations

• 49 Cal. 552

Syllabus

<p>Filing Notice of Moving fob a New Tbial.—A notice of intention to move for a new trial, must be filed within thirty days after the findings of fact are filed.</p> <p>Decision of the Cohbt—Facts Found.—The decision mentioned in section 648 of the Code of Civil Procedure, an objection to which, on the ground of the insufficiency of the evidence to sustain it, must specify the particulars in which the evidence is alleged to be insufficient, is the facts found and conclusions of law drawn therefrom.</p> <p>Specification of Reasons why New Tbial Should be Gbanted.—A specification in a bill of exceptions as a reason why a new trial should be granted, “ that the said judgment is contrary to the evidence in this,” (then stating wherein), does not enable the Court to inquire-whether the findings are justified by the evidence.</p> <p>Finding of Facts.—The Court, in finding the facts, may find either the ultimate facts, or such probative facts as enable the Court to declare that the ultimate facts necessarily result therefrom. A finding which is merely a recital of evidence, and does not conclusively establish the fact in issue, is not sufficient.</p> <p>Objections to Evidence.—If the papers in a case in Court are offered in evidence, a general objection that they are irrelevant, immaterial, and not proof of the fact in issue, is not well taken if some of the papers are admissible.</p>