Sanchez v. McMahon

Citations

• 35 Cal. 218

Syllabus

<p>Statement for New Trial—Insufficiency of Evidence.—Where a statement on motion for a new trial fails to specify wherein the evidence is insufficient to justify the decision, such insufficiency as a ground of the motion will be disregarded.</p> <p>Idem—Specification of Errors.—When errors of law occurring at the trial are relied upon as errors on appeal, the particular errors must be pointed out by counsel; otherwise they will be disregarded, unless they plainly appear from the transcript on appeal.</p> <p>Error—What Material.—During the trial, by the Court without a jury, of an action to set aside a sale of lands to the defendants, on the grounds of fraud and gross inadequacy of the purchase price, the defendants were misled by an announcement from the bench concerning the sufficiency of the defendants' evidence on the latter point, whereby they were induced to omit the further introduction of evidence they had at command, which was pertinent to establish more fully the adequacy of the purchase price, the Court, by its decision, set aside the sale, but filed no findings of fact or opinion, and no exceptions were taken for want of findings: Held, that this furnished no ground for reversal on appeal, because the decision does not affirmatively appear to have been founded, in whole or in part, on said alleged inadequacy.</p> <p>Idem.—In such ease, where a party wishes to put on record, for purposes of review, the decision of the Court on a matter of fact, the only mode is to request that written findings be filed, and on a failure or refusal to do so, to except for want of findings. Such decision by the Court on a matter of fact cannot be established by affidavit on motion for new trial.</p> <p>Fraudulent Sale—Refunding Purchase Money.—If a sale of lands, made under a power of attorney procured through fraud, be set aside as fraudulent and void db initio, the fraudulent vendee is not entitled to a decree against the vendor for restitution of a part of the purchase m