Mountain Tunnel Gravel Mining Co. v. Bryan

Citations

• 111 Cal. 36
• 43 P. 410
• 1896 Cal. LEXIS 542

Syllabus

<p>Appeal — Findings — Insueeiciency oe Evidence — Nonappearanoe oe Respondent.—Where an appellant attacks the findings on the ground that they are not supported by the evidence, and the respondent fails to appear and point out, either orally or by brief, where in a voluminous record the evidence may be found in their support, the appellate-court will assume that there is no such evidence, and for that reason will order a new trial as to such respondent.</p> <p>Id.—New Trial—Order Granting—Appeal from Judgment.—An order of the trial court granting a new trial, until affirmed on appeal, or until the time to appeal therefrom has expired, does not have the effect of vacating the judgment, so as to prevent an appeal from being taken therefrom.</p> <p>Id.—Granting New Trial Pro Tanto—Form oe Order.—In granting a new trial pro tanto as to certain particular issues, the trial court should by its order recite with great certainty and in terms the issues upon which the new trial is to be had; and the practice of granting a new trial as to the issues covered by certain numbered findings is condemned.</p>