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Hancock v. Thom

Supreme Court of California
Oct 1, 1873
46 Cal. 643 (Cal. 1873)

Summary

In Hancock v. Thom, 46 Cal. 43, and in D.I. Nofziger Lumber Co. v. Waters, 10 Cal.App. 89 [ 101 P. 38], without adequate discussion, it was held that the law in effect at the time the judgment was rendered by the lower court was controlling, while in First National Bank v. Henderson, 101 Cal. 307 [35 P. 899], it was held that the appellate court must dispose of the case in accordance with the law existing at the time of its own decision.

Summary of this case from Tulare Dist. v. Lindsay-Strathmore Dist

Opinion

         Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles.

         The plaintiff brought the action for one thousand six hundred dollars, the value of professional services as an attorney at law; judgment was rendered in his favor for twenty-six dollars and thirty cents, without costs; he moved for a new trial, which was refused, and he appealed from the order refusing it.

         COUNSEL:

         C. G. W. French and Henry Hancock, for Appellant.

          Thom & Ross and H. K. S. O'Melveny, for Respondent.


         OPINION

         By the Court:

         The application for a new trial was made and denied before the Code of Civil Procedure took effect, and must therefore be determined by the provisions of the former Practice Act.

         There is no statement filed or settled, nothing is found in the record by which it can be even imagined that the motion was supported, except a fugitive affidavit, in which a general history of the case is detailed; but this affidavit bears no identification as having been used at the hearing of the motion in the Court below. No error appearing in the action of the Court, the order denying a new trial must be affirmed here, and it is so ordered.

         Remittitur forthwith.


Summaries of

Hancock v. Thom

Supreme Court of California
Oct 1, 1873
46 Cal. 643 (Cal. 1873)

In Hancock v. Thom, 46 Cal. 43, and in D.I. Nofziger Lumber Co. v. Waters, 10 Cal.App. 89 [ 101 P. 38], without adequate discussion, it was held that the law in effect at the time the judgment was rendered by the lower court was controlling, while in First National Bank v. Henderson, 101 Cal. 307 [35 P. 899], it was held that the appellate court must dispose of the case in accordance with the law existing at the time of its own decision.

Summary of this case from Tulare Dist. v. Lindsay-Strathmore Dist

In Hancock v. Thom, 46 Cal. 643, and in D.I. Nofziger Lumber Co. v. Waters, 10 Cal.App. 89 [ 101 P. 38], without adequate discussion, it was held that the law in effect at the time the judgment was rendered by the lower court was controlling, while in First National Bank v. Henderson, 101 Cal. 307 [35 P. 899], it was held that the appellate court must dispose of the case in accordance with the law existing at the time of its own decision.

Summary of this case from Bank of Idaho v. Pine Avenue Associates

In Hancock v. Thom, 46 Cal. 43, and in D.I. Nofziger Lumber Co. v. Waters, 10 Cal.App. 89 [ 101 P. 38], without adequate discussion, it was held that the law in effect at the time the judgment was rendered by the lower court was controlling, while in First National Bank v. Henderson, 101 Cal. 307 [ 35 P. 899], it was held that the appellate court must dispose of the case in accordance with the law existing at the time of its own decision.

Summary of this case from Manquero v. Turlock Joint Union High School Dist. of Stanislaus and Merced Counties
Case details for

Hancock v. Thom

Case Details

Full title:HENRY HANCOCK v. C. E. THOM

Court:Supreme Court of California

Date published: Oct 1, 1873

Citations

46 Cal. 643 (Cal. 1873)

Citing Cases

Tulare Dist. v. Lindsay-Strathmore Dist

California, apparently, has cases both ways. In Hancock v. Thom, 46 Cal. 43, and in D.I. Nofziger Lumber Co.…

Manquero v. Turlock Joint Union High School Dist. of Stanislaus and Merced Counties

Aside from questions presented when rights are vested in reliance on the lower court's decision, and aside…