Waltham v. Carson

10 Cal. 178, 1858 Cal. LEXIS 205

Opinion

Field, J., delivered the opinion of the Court

Terry, C. J., and Burnett, J., concurring.

The plaintiff had judgment, and the defendant appealed, and assigns as error; first, that the findings of the Court are unsupported by the evidence j and, second, that the cause was tried without a jury. The first assignment is abandoned in the brief of appellant; and the second assignment is answered by the fact that a jury was waived by the failure of the defendant to appear at the trial. (Practice Act, § 179.)

Judgment affirmed, with ten per cent, damages on the assessed value of the property.