Bacon

Bacon v. Meserve

Good Law
1920 Cal. App. LEXIS 165·50 Cal. App. 738·195 P. 949
Court of Appeal of CaliforniaDecember 31, 1920Civ. No. 3477.California1,445 words

Opinion

Lead Opinion

Brittain, J.

The plaintiff appeals from an adverse judgment awarding him $236.91 in a suit on a promissory note of the defendant for $2,500. He makes the single contention that under the evidence, the trial court should not have allowed a certain credit of $2,000 which was claimed by the defendant as attorney’s fees, 'among other credits, some of which were allowed and one of which was rejected by the court. While at the outset of the appellant’s brief it is said this is the principal matter involved in the appeal, no other proposition is discussed. This court will not search the record for grounds for reversal, if there be such, on which counsel for appellant place so little reliance as to fail to mention them in their brief. The appellant makes no claim that the findings are not responsive to the pleadings, nor that they do not support the conclusions of law. The appeal, therefore, presents a single question of fact, or, more accurately, of mixed, law and fact.

The evidentiary facts are not controverted and the only matters of law are those applicable to the evidentiary facts from which the single ultimate fact was deduced by the trial court. Stated in their chronological order, the…

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