Ogden v. Kennedy

Citations

• 95 P. 161
• 153 Cal. 347
• 1908 Cal. LEXIS 463

Syllabus

<p>In answer to a petition filed by Frank B. Ogden, now a judge of the superior court of Alameda County, for a review and modification of certain statements contained in the opinion of this court in the case of Pelcin Mining and Milling Company v. James Kennedy, 81 Cal. 357, it is held that the statements in that opinion were based, of course, exclusively upon the findings made by the trial court, and were in no sense the result of an examination by this court, nor could they in any sense be construed as expressing the views of this court upon the matter; and that it is manifest that the exoneration of Judge Ogden upon the showing made in his petition is full and complete. This court also, from personal knowledge of Judge Ogden, joins in the expression of confidence embodied in the findings of the judges of the superior court of Alameda County; but, from the character and limits of the jurisdiction of this court, it is impossible for it to attempt to amend or correct the findings of the trial court, and so, impossible for it to afford the specific relief prayed for. The court orders the publication of its views in this matter, stating that it should suffice for the complete exoneration of the petitioner.</p>