California Supreme Court July 1, 1873, No. 3,463 (Kusel v. Sharkey)

By the Court, Crockett, J.:

The appeal in this case must be decided on the judgment roll alone. The motion for a new trial was founded on the ground—first, that the findings were not justified by the evidence; second, errors inlaw occurring at the trial; third, that the findings were contrary to the law and the evidence.