Thompson v. Hancock

Citations

• 51 Cal. 110

Syllabus

<p>Appeal from Judgment.—Section 959 of the Code of Civil Procedure does not forbid the hearing of an appeal from a judgment, unless there is a bill of exceptions.</p> <p>Bill of Exceptions.—When a question on appeal is, “Do the findings sustain the judgment?” a bill of exceptions is not necessary.</p> <p>Decision of Court.—The “ decision ” to be excepted to in section 956 of the Code of Civil Procedure applies to the findings of fact.</p> <p>When Exception Enquired.—No exception is required to a final judgment, but the exception to be taken to the decision of the court is an exception to the findings of fact, which ordinarily is based on the insufficiency of the evidence to sustain the findings.</p> <p>Sale of Sixteenth and Thirty-sixth Sections of State Lands.—There is nothing in the Political Code which prohibits the sale of a sixteenth or thirty-sixth section to one who has contracted to convey to another a part of the land.</p>