Luco v. De Toro

Citations

• 88 Cal. 26
• 25 P. 983
• 1891 Cal. LEXIS 641

Syllabus

<p>Appeal — Equal Division of Opinion — Affirmance of Judgment.—In jurisdictions presided over by judges holding for life, or for terms so great as to make the probability of a change in the membership of the court remote, the judgment of affirmance follows an equal division of opinion, from the necessity of the case.</p> <p>Id. — Effect of Affirmance. — The affirmance of the judgment in such case, though a bar to a subsequent action, does not involve the decision of any matters of law, but the judges simply agree that it is expedient to finish the litigation, and those in favor of the reversal of the judgment concur in its affirmance solely upon that ground.</p> <p>Id. —Constitutional Law —Effect of Equal Division. — The state constitution requires the concurrence of four justices to pronounce judgment, and a mere failure to agree cannot have the effect, ipso fado, of an affirmance of the judgment.</p> <p>Id. — Change of Justices — Refusal to Affirm Judgment.—A motion to affirm the judgment on account of an equal division of opinion among the justices qualified to act will be deuied, where it is evident that before the time for the next term of court at which the cause can he heard several of the disagreeing judges will he succeeded by others qualified to assist in deciding the case upon its merits.</p>