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Davis v. Hart

ALFRED A. DAVIS v. JOSIAH H. HART

Davis v. Hart, 37 P. 486 (Cal. 1894)
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Court
California Supreme Court · State Highest Courts
Decided
August 13, 1894
Docket
No. 19401
Judges
Fitzgerald
Citations
37 P. 486103 Cal. 5301894 Cal. LEXIS 817
Cited by 9
Syllabus
Appeal—Sufficiency op Evidence—Failure of Respondent to Argue Cause—Reversal.—Where the record shows that the findings are assailed by the specifications on the ground of the insufficiency of the evidence to support them, and there is no brief on file by the respondent, and no oral argument in his behalf, the judgment and order appealed from will be reversed.
Summary
Appeal from a judgment of the Superior Court of Kern County, and from an order denying a new trial. The facts are stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Fitzgerald

Text extracted by OCR from a scanned original; check the original for exact wording.

Fitzgerald, J.

There is no brief on file by respondent, nor was the case orally argued in his behalf. ■

As the record shows that the findings are attacked by the specifications on the ground of the insufficiency of the evidence to support them, it follows on the authority of Richter v. Fresno Canal etc. Co., 101 Cal. 582 , that the judgment and order appealed from should be reversed.

So ordered.

McFarland, J., and De Haven, J., concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

View all citing references →
1894: 11903: 11907: 11910: 11912: 11916: 11918: 11932: 11963: 118942026peak 1894 · 1

Relies on it most ⓘ

  1. Butler v. McSpadden1910 OK 5, 107 P. 170
  2. Lutz v. Merchants Nat. Bank177 P. 158 (Cal. 1918)
  3. Rudd v. Wilson1912 OK 147, 121 P. 252
  4. Bullock v. Bullock155 P. 1009 (Cal. Ct. App. 1916)
  5. Duisenberg-Wichman & Co. v. Johnson7 P.2d 1081 (Cal. Ct. App. 1932)
  6. Contra Costa Water Co. v. Breed73 P. 189 (Cal. 1903)

Most recent

  1. Citizens National Trust & Savings Bank v. Scott222 Cal. App. 2d 718 (1963)
  2. Duisenberg-Wichman & Co. v. Johnson7 P.2d 1081 (Cal. Ct. App. 1932)
  3. Lutz v. Merchants Nat. Bank177 P. 158 (Cal. 1918)
  4. Bullock v. Bullock155 P. 1009 (Cal. Ct. App. 1916)
  5. Rudd v. Wilson1912 OK 147, 121 P. 252
  6. Butler v. McSpadden1910 OK 5, 107 P. 170

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Richter v. Fresno Canal & Irrigation Co., 36 P. 96 (Cal. 1894) 10

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