Thompson
Thompson v. City of Los Angeles
Opinion
Lead Opinion
Haynes, J.
This action is, in form, to quiet title to a narrow strip of land fronting on Soto street, in the city of Los Angeles, the plaintiffs’ right to recover depending upon the true location of the line of the street; the defendant’s contention being that the strip of land in controversy is a part of said street. Findings and judgment were for the defendant, and plaintiffs appeal from an order denying their motion for a new trial.
The notice of said motion specified,as the grounds thereof: 1. That the evidence is insufficient to justify the findings; 2. That the decision is against law; and 3. On account of errors in law occurring at the trial and excepted to by defendant; and that the motion would be made upon a statement of the case.
The statement, however, specifies no particulars in which it is claimed the evidence is insufficient to justify the findings, nor are any errors of law occurring at the trial specified. Section 659, subdivision 3, of the Code of Civil Procedure, provides: “If no such specifications be made, the statement shall be disregarded on the hearing of the motion.” The findings, therefore, stand unquestioned and the correctness of the rulings and’ proceedings…