Gregory v. Gregory

Citations

• 102 Cal. 50
• 36 P. 364
• 1894 Cal. LEXIS 599

Syllabus

<p>Appeal—Stay op Proceedings—Nonappealable Order—New Trial. An appeal from an order denying a motion to set aside a judgment for want of finding of fact to support it, which is dismissed by the court upon the ground that the order appealed from was not an appealable order, could not operate to stay proceedings in the court below, nor deprive the court of power to hear and deny a motion for a new trial.</p> <p>Id.—Findings—Agreed Statement.—-Findings are not required upon facts about which there is no dispute, and none are necessary where an agreed statement covers all the facts in the case.</p> <p>Id.—New Trial—Facts Agreed.—A new trial is a re-examination of an issue of fact in the same court, and where all the facts are agreed upon, there is no issue of fact to be re-examined, and no ground for a new trial.</p> <p>Id.—Statement—Absence op Specification.—Where there are no specifications of insufficiency of the evidence to justify the decision or of errors of law occurring at the trial, a new trial is properly denied.</p> <p>Id.—Recitals op Judgment—Agreed Statement—Review Upon Appeal. Where the judgment recites that the cause was decided upon an agreed statement of all the facts, such agreed statement may be considered upon appeal, whether it constitutes a part of the judgment-roll or not.</p> <p>Tenancy in Common.—Possession in Severalty—Advbp.se Possession— Statute op Limitations.—Tenants in common who have entered into the actual possession in severalty of parcels of the land respectively claimed by them, under claim and color of title, and who, with their predecessors in interest, have maintained possession and exercised acts of ownership openly and notoriously,claiming the same adversely to other cotenants who were of age, and to all the world, and paying all taxes assessed thereon for more than five years prior to the commencement of an action against them, thereby acquire a title by prescription under the statute of limitations.</p> <p>Id.—Notice to Cotena