Hoagland v. Clary

Decided October 15, 1852

California Supreme Court · decided 1852-10-15

This case came before the District Court, by appeal from the County Court of Yuba County. When the cause came on to be heard before the District Court, the defendant moved to dismiss the appeal, for the reason, that there was no statement filed, as required by law. There were other reasons assigned, but the one above mentioned, was the only one considered by the Supreme Court.

Cited by 1 later decisions — most recently January 1877

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-10-15

View the full empirical analysis of this case →

Heydemeldt, Justice,

¶1delivered the opinion of the Court.

¶2We have before decided in Russell v. Amador, that where a case is tried by the Judge alone, the record must disclose a finding by him of the facts, and a statement of his conclusions of law. And without such finding and statement, there was no basis for the judgment to be supported. The District Court therefore erred in affirming the judgment of the County Court. The judgment of the District Court is therefore reversed, and judgment is here rendered, reversing the judgment of the County Court, and remanding the case for a new trial. Costs to abide the event of the suit.