People ex rel. Dickenson v. Banvard

Citations

• 27 Cal. 470

Syllabus

<p>Statement on Appeal prom a Judgment.—A party who appeals from a judgment or an order, with a statement annexed to the judgment roll, must specify particularly in his statement the grounds upon which he intends to rely on the appeal. Motion por Nonsuit.—A party moving for a nonsuit should state in his motion precisely the grounds upon which he relies, so that the attention of the Court and the opposite counsel may be particularly directed to the supposed defects in the plaintiff's case.</p> <p>Power op Legislature over Opfioes. — The incumbent of an administrative office, created by the Legislature, may be legislated out of office pending the term for which he was elected.</p> <p>Judgment in Quo Warranto.—In an action of quo warranto to determine the right to an office, where the relator claims the office as against the incumbent, the Court may not only determine the right of the defendant, but of the relator also; and if it determines in favor of the relator, may render judgment that the defendant forthwith deliver up to the relator the office.</p> <p>Appeal prom A Judgment.—On an appeal from a judgment, the appellate Court cannot consider the question whether the findings of fact are justified by the evidence.</p>