Morrison v. McCue

California Supreme Court
Morrison v. McCue, 45 Cal. 118 (Cal. 1872)

Morrison v. McCue

Opinion of the Court

By the Court:

The motion of the plaintiff, which was denied by the Court below, was based upon the allegation that the findings as originally signed and filed had been subsequently and surreptitiously altered in a material respect. The truth or falsity of this allegation was matter so peculiarly within the knowledge of the Court itself, that its determination of the fact, in the one way or the other, would rarely, if ever, be disturbed here. There is nothing in the record before us which would enable us to say that the determination of the fact was incorrect in this instance.

Order affirmed.

Reference

Full Case Name
JOHN C. MORRISON, Jr. v. THOMAS W. McCUE
Cited By
1 case
Status
Published
Syllabus
Alteration of Pindings of Pact.—The fact whether the findings of a Court have been surreptitiously altered is peculiarly within the knowledge of the Court itself, and its determination of the fact, one way or the other, will rarely, if ever, be disturbed on appeal.