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Dorris v. Sullivan

Supreme Court of California
May 7, 1891
89 Cal. 62 (Cal. 1891)

Opinion

         Appeal from a judgment of the Superior Court of Modoc County.

         COUNSEL

          Spencer & Raker, and Clarence A. Raker, for Appellant.

          D. W. Jenks, Goodwin & Goodwin, and Jenks & Claflin, for Respondent.


         JUDGES: In Bank. Vanclief, C. Foote, C., and Fitzgerald, C., concurred.

         OPINION

          VANCLIEF, Judge

         This is an action for damages for diverting water from a ditch alleged to be the property of the plaintiff, and for a perpetual injunction restraining such diversion in the future. Judgment passed for the defendant, and the plaintiff brings this appeal from the judgment, upon the judgment roll, without any bill of exceptions, and contends that the court failed to find upon material issues of fact, and that the findings of fact do not support the judgment.

         There are thirteen findings of fact, occupying six pages of the transcript, and five findings, called conclusions of law, which include some matters of fact.

         That the findings support the judgment is too obvious to require special consideration; and that there is either a direct finding or a finding by necessary inference from facts found on every material issue, seems quite as clear.

         As there is no bill of exceptions, the record affords no ground for the point made on the statute of frauds. It does not appear which party introduced the verbal contract, which, it is claimed, should have been in writing, nor that either party objected to it.

         I think there is no merit in the appeal, and that the judgment should be affirmed.

         The Court. -- For the reasons given in the foregoing opinion, the judgment is affirmed.


Summaries of

Dorris v. Sullivan

Supreme Court of California
May 7, 1891
89 Cal. 62 (Cal. 1891)
Case details for

Dorris v. Sullivan

Case Details

Full title:C. G. DORRIS, Appellant, v. DANIEL SULLIVAN, Respondent

Court:Supreme Court of California

Date published: May 7, 1891

Citations

89 Cal. 62 (Cal. 1891)
26 P. 621

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