Swift v. Occidental Mining & Petroleum Co.

Citations

• 7 Cal. Unrep. 23
• 70 P. 470
• 1902 Cal. LEXIS 935

Syllabus

<p>Appeal.—The Sufficiency of the Complaint, and whether findings of the court sustain the judgment, cannot be considered on appeal from an order denying a motion for a new trial.</p> <p>Appeal.—A Specification of Error, in a Notice of Motion for a new trial, that the decision is against law for any reason appearing on the judgment-roll, can only be considered on appeal from the judgment.1</p> <p>Appeal—Assignment of Error.—Under Code of Civil Procedure, sections 667, 659, requiring assignments of error to point out the particulars in which the ruling objected to is erroneous, an assignment “that the evidence is insufficient to justify the court in finding,” followed by the language of the finding, but containing no specification of any particular wherein the finding is unsupported, is insufficient.2</p> <p>Custom and Usage.—Where, in an Action Against a Mining Company, the court made a finding of fact, which was not reviewable, that plaintiff acquiesced in and consented to the use of certain oil for fuel, error, if any, in the introduction of evidence of a custom in the community to permit lessees of land for prospecting purposes to burn oil found to run thuir engines and pumps, was harmless.</p>