Scott

Citizens National Trust & Savings Bank v. Scott

Good Law
1963 Cal. App. LEXIS 1719·222 Cal. App. 2d 718·35 Cal. Rptr. 584
Court of Appeal of CaliforniaDecember 2, 1963Civ. No. 26799California815 words

Opinion

Lead Opinion

Fourt, J.

This is an appeal from a judgment entered after a trial by the court sitting without a jury wherein it was adjudged that appellant “has no right, title or interest in the sum of $6,125.82, now held by Bank of America National Trust and Savings Association in a purported joint tenancy bank account standing in the names of L. E. Scott or Evelyn T. Scott at its branch at Van Nuys, California.

“That plaintiff have and recover of and from defendant Bank of America National Trust and Savings Association, the sum of $6,125.82.

Appellant prosecutes the within appeal on the clerk’s transcript. No reporter’s transcript or substitute therefor has been provided.

The gist of appellant’s first contention is that there is insufficient evidence to support the trial court’s findings of fact. This contention has no merit. It is fairly well established that where an appeal is taken on the clerk’s transcript and no reporter’s transcript or substitute therefor is furnished, the recitals in the judgment and in the findings of fact are deemed to be true and are binding upon the appellate court. (See Agnew v. Contractors Safety Assn., 216 Cal.App.2d 154, 163 [ 30 Cal.Rptr. 690 ]; Berg v. Investors…

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