Lubeck v. Bullock

California Supreme Court

Lubeck v. Bullock

24 Cal. 338

CourtCalifornia Supreme Court

DecidedJuly 1, 1864

StatusPublished

Cited by3 cases

This text of 24 Cal. 338 (Lubeck v. Bullock) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lubeck v. Bullock, 24 Cal. 338 (Cal. 1864).

Pincite

Opinion

By the Court, Sanderson, C. J.

This case comes before us on appeal from an order overruling a motion for a new trial upon the sole ground that the finding and judgment are contrary to the evidence. The case was tried by the Court, without the intervention of a jury.

The testimony upon the question of fraud involved in the case is somewhat conflicting, and in such cases the result mainly depends upon the credibility of the witnesses, of which we have no opportunity to judge. In such cases we cannot disturb the judgment of the Court below.

Judgment affirmed.

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By the Court, Sanderson, C. J.

This case comes before us on appeal from an order overruling a motion for a new trial upon the sole ground that the finding and judgment are contrary to the evidence. The case was tried by the Court, without the intervention of a jury.

The testimony upon the question of fraud involved in the case is somewhat conflicting, and in such cases the result mainly depends upon the credibility of the witnesses, of which we have no opportunity to judge. In such cases we cannot disturb the judgment of the Court below.

Judgment affirmed.

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Bluebook (online)

24 Cal. 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lubeck-v-bullock-cal-1864.

Opinion

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