Doll v. Anderson

Citations

• 27 Cal. 248

Syllabus

<p>Waiter of Jury.—A jury may be waived by the parties by a failure to file with the clerk, at least six days before the commencement of the term at which the action may be tried, a notice that a jury will be required.</p> <p>Bight of Court to submit Issue of Fact to a Jury.—The Court has a right to direct an issue of fact to bo tried by a jury, notwithstanding the parties have waived the same by a failure to give notice at least six days before the commencement of the term that one will be required.</p> <p>A Contract Assignable.—A contract where the owner of a stallion leases him for a season for a sum of money agreed on, and reserves the right to have the horse cover nine mares during the season, is assignable, and the assignee,, who is also the purchaser of the horse from the owner is entitled, to all the benefits arising out of the contract.</p> <p>Same.—Before the assignee of such contract is entitled to the benefit of the same he must give notice to the lessee that he has purchased the same.</p> <p>The Presumption of Law is that the Evidence warranted the Verdict.— If the jury in their verdict necessarily pass on a material question of fact, the appellate Court will not reverse the judgment on the ground that there was no evidence to warrant the verdict, unless a motion is made for a new trial, and a statement made which shows that no evidence was introduced to prove the fact. The presumption of the law is that there was evidence to sustain every material fact found by the jury.</p> <p>Order op producing Testimony on Trial.—The assignee of a contract who claims under it may introduce it in evidence before giving proof that the opposite party had notice of its assignment.</p>