In re Estate of Man Wo Chan
Citations
- 87 Cal. 155
- 25 P. 271
- 1890 Cal. LEXIS 1111
Syllabus
<p>Contest oe Will — Evidence—Facts not Occurring at Trial — Argument of Counsel. —Upon a contest of a will, the issue as to the validity of the will must be determined solely upon the evidence introduced at the trial; and the court cannot properly consider any facts not occurring at the trial, and which were stated for the first time in the argument of counsel.</p> <p>Id. —New-trial Statement — Amendments •— Appeal — Presumption. —Where the judge who tried the contest of a will, and rendered judgment for the contestant, amended the statement on motion for now trial, against the objection of the proponent of the will, by inserting facts adverted to in the argument, hut which were not proved or offered to be proved at the trial, it must be presumed upon appeal that the court, in coming to its conclusion, considered the facts contained in such amendment, and the judgment will be reversed.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a suspension imposed by a federal bankruptcy court as a result of the same conduct involved in the disciplinary action does not qualify as a mitigating factor in determining the appropriate discipline
- six-month suspension for knowing and intentional violations ofRules 5.3 (d) and 5.5 (a) involving 26 different clients
- six-month suspension for knowing and intentional violations of Rules 5.3 (d) and 5.5 (a) involving 26 different clients
Source: CourtListener parenthetical corpus (CC0).
Judges: McFarland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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