Public-domain · open source
OpenJurist

2 Cal. 483

Ingraham v. Gildermester

California Supreme Court

Decided October 15, 1852

California Supreme Court · decided 1852-10-15

This case was first heard and decided at January term, 1852, and reported in this.volume p. 88. An application was made for a re-hearing, and so ordered by the Court at the April term succeeding. (See p. 161.) And the cause came again before the Court at this term upon the above order.

Cited by 1 later decisions — most recently February 1892

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-10-15

View the full empirical analysis of this case →

¶1The opinion of the Court was delivered by

Heydenfeldt, Justice.

¶2We have before decided that this Court has no power to review the facts of a case, so as to reverse a judgment on verdict, except where the Court below has been applied to for a new trial, on the ground that the verdict was contrary to evidence, and has refused such new trial, and an appeal is taken directly from such refusal.

¶3All of the points made by the appellants, which can be considered in this case, require a revisal of the facts given in evidence. And although there was a motion for a new trial, and the motion refused—yet there is no appeal from that refusal. The appeal is from the final judgment only, and we are therefore precluded from any examination of the facts.

¶4The judgment is affirmed, with costs.-

/2/cal/483 · .json · Public domain