Spanagel v. Dellinger

Citations

• 38 Cal. 278
• 1869 Cal. LEXIS 148

Syllabus

<p>Practice—New Trial.—The appellate Court will not review any finding of fact by the Court below, unless the statement on motion for a new trial specifies the particulars in which the evidence is alleged to he insufficient to justify the findings.</p> <p>Idem. —It is error for the Court which tried a cause, without a jury, to deny a motion for a new trial, when it admits that improper evidence was received on the trial, even though, in its opinion, the finding and judgment would have been the same if the proper testimony had not been received. Doubted, by Sawyer, C. J., and Crockett, J.</p> <p>Evidence—Declarations of Grantor.—The declarations of the grantor, in a conveyance charged to be fraudulent, made subsequent to its execution, and while the grantee was in the possession of the property conveyed, and out of Ms presence, is not admissible in evidence to establish fraud on the part of the grantee or his vendee.</p> <p>Idem—If one party reads a portion of a written document in evidence in Ms behalf, the other party is entitled to the reading of the remaining portions thereof, before the intervention of other testimony.</p> <p>Practice—New Trial.—On a motion for a new trial, no question can be entertained except those which affect the verdict or finding on the issues. Per Sawyer, C. J., Crockett, J., concurring.</p> <p>Idem.—No question as to the sufficiency of a complaint can be entertained in any proceedings to obtain a new trial. —Ibid.</p>