McKannay v. McKannay

California Supreme Court

McKannay v. McKannay

232 P. 464, 195 Cal. 262, 1925 Cal. LEXIS 366

CourtCalifornia Supreme Court

DecidedJanuary 7, 1925

DocketDocket No. S.F. 11424.

StatusPublished

This text of 232 P. 464 (McKannay v. McKannay) 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

McKannay v. McKannay, 232 P. 464, 195 Cal. 262, 1925 Cal. LEXIS 366 (Cal. 1925).

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Opinion

THE COURT.

The defendant appealed herein from an interlocutory decree of divorce granted to the plaintiff. The respondent filed in this court a written confession of error, in that the findings are wholly insufficient to support the judgment appealed from, and moved this court, upon notice, for an order reversing the judgment appealed from. Both parties agree that the findings are insufficient to support the judgment, for the reasons indicated in the opinion of the district court of appeal in McKannay v. McKannay, 68 Cal. App. 709 [230 Pac. 218]. The appellant, while agreeing that the judgment appealed from must inevitably be reversed because of the insufficiency of the findings, urges that this court should retain the appeal for the purpose of determining other questions of law involved therein. It is apparent from the showing made upon the hearing of the motion that some of these questions could not be determined upon the state of the record which would be presented upon this appeal, and that others of them would not be necessary to be determined herein, for the reason that they would not be likely to arise upon a retrial of the action. The granting of the motion at this time will obviate the heavy expense and long delay incident to the preparation and printing of transcript and briefs, and it is therefore ordered that the motion be granted and the judgment is reversed.

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THE COURT.

The defendant appealed herein from an interlocutory decree of divorce granted to the plaintiff. The respondent filed in this court a written confession of error, in that the findings are wholly insufficient to support the judgment appealed from, and moved this court, upon notice, for an order reversing the judgment appealed from. Both parties agree that the findings are insufficient to support the judgment, for the reasons indicated in the opinion of the district court of appeal in McKannay v. McKannay, 68 Cal. App. 709 [230 Pac. 218]. The appellant, while agreeing that the judgment appealed from must inevitably be reversed because of the insufficiency of the findings, urges that this court should retain the appeal for the purpose of determining other questions of law involved therein. It is apparent from the showing made upon the hearing of the motion that some of these questions could not be determined upon the state of the record which would be presented upon this appeal, and that others of them would not be necessary to be determined herein, for the reason that they would not be likely to arise upon a retrial of the action. The granting of the motion at this time will obviate the heavy expense and long delay incident to the preparation and printing of transcript and briefs, and it is therefore ordered that the motion be granted and the judgment is reversed.

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Bluebook (online)

232 P. 464, 195 Cal. 262, 1925 Cal. LEXIS 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckannay-v-mckannay-cal-1925.

Opinion

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