Brown v. Graves

Decided January 15, 1852

California Supreme Court · decided 1852-01-15

The respondent filed his complaint against the appellant and Charles Brown, stating, 1st, that on the 25th of February, 1851, C. Brown executed his note for $200, payable thirty days after date, to Graves, or order, and that it was verbally agreed, that if said note was not paid at maturity, it should bear interest at 10 per cent, per month, till paid; that Graves indorsed the note to the plaintiff; that on the day it become due, the note was presented to C. Brown, and…

Decided 1852-01-15

Justice Heydbneeldt

¶1delivered the opinion of the Court. We have before decided, that we can only revise a case upon its facts, *120where the appeal is from the refusal of a new trial, asked for in the Court below, on the distinct ground, that the finding was contrary to evidence. And this power to review the facts, is derived expressly from the statute, which gives an appeal from a decision granting or refusing a new trial.

¶2The judgment must therefore be affirmed.

¶3The appellant petitioned for a rehearing; and cited the New Pract. Act, see. 191.

¶4A rehearing was granted at the ensuing term.