Oakland Paving Co. v. Bagge

Citations

• 79 Cal. 439
• 21 P. 855
• 1889 Cal. LEXIS 748

Syllabus

<p>Street Assessment—Publication of Notice of Intention—Findings — Appeal from Judgment. —When the superior court, in an action to enforce a street assessment, finds all the facts which are necessary to sustain the validity of the assessment, including facts showing a sufficient publication of the notice of intention, but draws an erroneous conclusion of law from the finding that the publication was void and insufficient to give jurisdiction to award the contract for the street improvement, and consequently renders judgment for the defendant, upon appeal by the plaintiff from such judgment, a judgment will be rendered in favor of the appellant upon the findings.</p> <p>Appeal — Reversal of Judgment upon Findings — Award of New Trial. —When it is conceded by the respondents that the findings do not support the judgment, and the only question is whether judgment should be rendered for the appellant upon the findings, or whether there should be an award of a new trial, judgment will be rendered for the appellant without awarding a new trial, when a correct conclusion of law upon the findings will justify such course, and there is no reason to suppose that the evidence upon a new trial will vary the rights of the parties.</p>