gno.law

Waltham v. Carson

California Supreme Court · · 1858-07-01 · Published · 10 Cal. 178 · 1858 Cal. LEXIS 205

WALTHAM v. CARSON

Area
civil
Panel
Stephen J. Field (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Field

Field, J., delivered the opinion of the Court Terry, C. J., and Burnett, J., concurring.

The plaintiff had judgment, and the defendant appealed, and assigns as error; first, that the findings of the Court are unsupported by the evidence j and, second, that the cause was tried without a jury. The first assignment is abandoned in the brief of appellant; and the second assignment is answered by the fact that a jury was waived by the failure of the defendant to appear at the trial. (Practice Act, § 179.)

Judgment affirmed, with ten per cent, damages on the assessed value of the property.