Long v. Saufley
Citations
- 89 Cal. 437
- 26 P. 902
- 1891 Cal. LEXIS 833
Syllabus
<p>Appeal — Conflicting Evidence — Damages fob Frivolous Appeal. — The decision of the trial court upon conflicting evidence is conclusive, and will not be reviewed upon appeal from an order denying a new trial; and where the only ground urged upon appeal for a reversal is that the trial court did not properly consider the conflicting evidence, the appeal will be treated as frivolous, and the order will be affirmed, with damages.</p> <p>Ed. — Waiver of Findings—Presumption upon Appeal. — Where findings are waived, it will be presumed on appeal that the trial court found all the facts necessary to sustain the judgment.</p> <p>Written Contract — Parol Evidence — Contingent Liability. — A written agreement cannot he limited or qualified by oral testimony that the liabili ty of one of the parties thereto was contingent upon some prior condition not expressed therein.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- statute that “eliminate[s]” right for non-conforming use if land is not actually used for non-conforming purpose within one year is unconstitutionally retrospective in application
- “Our Constitution prohibits a legislative exercise of the police power that results in the passage of retrospective laws which injuriously affect the ‘vested rights’ of citizens.”
- recog- 28 nizing that landowner had vested right in nonconforming use
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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