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Shultz v. O'Rourke

Court of Appeal of California, Second District, Division One
Oct 30, 1934
1 Cal.App.2d 647 (Cal. Ct. App. 1934)

Opinion

Docket No. 8002.

October 30, 1934.

APPEAL from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. Thomas C. Gould, Judge. Judgment affirmed; appeal from order dismissed.

The facts are stated in the opinion of the court.

John J. McMahon for Appellant.

Holland Holland and Kenneth D. Holland for Respondents.


Plaintiff appeals from the judgment entered herein in favor of the defendants. The evidence and pleadings are in a very involved state, as are the briefs of the parties filed herein. [1] The question raised by appellant is one that is answered by the general rule that where there is any evidence to support a finding, an appellate court cannot set up its judgment in lieu of that of the trial court. This is so as to the objections made by appellant to each of the findings to which he takes exception. [2] No appeal lies from an order denying motion for a new trial, therefore the appeal from that order is dismissed.

The judgment is affirmed.

Conrey, P.J., concurred.

Houser, J., concurred in the judgment.


Summaries of

Shultz v. O'Rourke

Court of Appeal of California, Second District, Division One
Oct 30, 1934
1 Cal.App.2d 647 (Cal. Ct. App. 1934)
Case details for

Shultz v. O'Rourke

Case Details

Full title:MABEL L. SHULTZ, Appellant, v. MISS L. O'ROURKE et al., Respondents

Court:Court of Appeal of California, Second District, Division One

Date published: Oct 30, 1934

Citations

1 Cal.App.2d 647 (Cal. Ct. App. 1934)
36 P.2d 1081