Loftus v. Fischer

Citations

• 113 Cal. 286
• 45 P. 328
• 1896 Cal. LEXIS 778

Syllabus

<p>Continuance—Absence of Witnesses—Admission. —It is not error to refuse a continuance on account of the absence of witnesses, where the opposite party makes the admission as to the evidence of the witnesses, which is contemplated by section 595 of the Code of Civil Procedure, under which the affidavit containing all that it was proposed to prove by the witnesses was admitted in evidence at the trial upon the offer of the moving party.</p> <p>Jury Trial—Equity Case—Reformation of Contract—Injunction.— In an action in equity to reform a contract, and to restrain the defendant from disposing of certain mining stock, which was the subject matter of the contract and held by the defendant in pledge, the parties are not entitled to a jury trial.</p> <p>Appeal—Errors without Prejudice.—Errors in respect to immaterial and collateral matters, not affecting the merits of the controversy, are without prejudice, and are not ground for reversal upon appeal.</p> <p>Id.—Review of Findings—Substantial Conflict of Evidence.—Where the evidence presents a substantial conflict, the findings of the trial court thereon will not be disturbed upon appeal.</p> <p>Evidence—Value of Stock of Corporation—Complaint in Another Cause—Cross-Examination — Re- examination — Immaterial Matter.—Where, upon the cross-examination of the plaintiff as to the value of the stock of a corporation, a portion of his verified complaint in another cause, consisting of his allegation of its value, was offered in evidence, it is not error to refuse, upon re-examination, to admit the entire complaint in evidence, or any immaterial matter therein, not relating to the question of value.</p> <p>Costs upon Appeal—Refusal of Respondent to Certify Transcript— Effect of Rule of Supreme Court.—The supreme court has not the power to compel respondent’s counsel to agree to the certification of the transcript upon appeal, regardless of the merits or outcome of the appeal, under absolute penalty for refusal; and its rule does