Hildebrand v. Hall, 59 P.2d 988 (Cal. 1936). · Go Syfert
Hildebrand v. Hall, 59 P.2d 988 (Cal. 1936). Cases Citing This Book View Copy Cite
75 citation events (2 in the last 25 years) across 5 distinct courts.
Strongest positive: Simmons v. Dryer (calctapp, 1963-05-29)
Treatment trajectory · 1936 → 2026 · click a year to view as-of
1936 1981 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see" Simmons v. Dryer
Cal. Ct. App. · 1963 · signal: see · confidence high
(Jones v. Clover, supra, 24 Cal.App.2d 210 ; see Stevens v. Superior Court, 7 Cal.2d 110 [ 59 P.2d 988 ]; Knapp v. City of Newport Beach, 186 Cal.App.2d 669, 682 [ 9 Cal.Rptr. 90 ]; Ransom, v. Los Angeles City High School Dist., 129 Cal.App.2d 500, 507 [ 277 P.2d 455 ]; Dolan v. Superior Court, 47 Cal.App. 235, 241 [ 190 P. 469 ].) 4 *740 The contentions of the defendant with respect to the judgment entered on September 16, 1960, remain to be considered.
discussed Cited "see, e.g." People v. Bhakta
Cal. Ct. App. · 2008 · signal: see also · confidence low
If they have been entered prematurely or by inadvertence, they may be set aside on a proper showing [citation], and if the order as entered is not the order as made, the minutes may be corrected so as to make them speak the truth [citation], but subject to these exceptions the order is reviewable only on appeal, and the decision of the trial court having been once made after regular submission of the motion its power is exhausted—it is functus officio. [Citations.]” (Accord, Fallon v. Superior Court (1939) 33 Cal.App.2d 48, 52-53 [ 90 P.2d 858 ]; see also Stevens v. Superior Court (1936) 7…
Retrieving the full opinion text from the archive…
GODFREY L. HILDEBRAND
v.
FRIEDA HALL
Sac. No. 4812.
California Supreme Court.
Aug 4, 1936.
59 P.2d 988
1936 Cal. LEXIS 610
Waste.
Cited by 1 opinion  |  Published
WASTE, C. J.

In this action in ejectment involving the location of a boundary line between property of plaintiff and defendants in Lake County, judgment went for plaintiff. The trial court found that there were no witness trees or other monuments marking a common corner of the sections involved; that the corner had been lost and obliterated; that the nearest known and established corners of sections to the north and south established the corner in controversy at the point described in the findings.

[*163] The appellant Frieda Hall contends that there is no evidence to support any of the court’s findings, and the argument is directed against the proportional method of ascertainment of the corner used by the trial court; that the location is at variance with natural objects described in the field notes; and that the court erroneously found that corners nearer the corner in question than the ones used by the court were not known and could not be located. A deed to plaintiff, maps, copy of field notes certified by an official of the United States land office in Washington, D. C., showing boundaries of sections of land material to the claims of the parties, and the record of a United States patent to the land were admitted in evidence, and competent surveyors testified on each side of the case. Lay witnesses also testified as to natural objects. With these exhibits and the testimony before it, the trial court made the findings complained of. There are sufficient contradictions and lack of agreement in the technical testimony of the surveyors, arising from the plan of surveys made by them, and in regard to the observation of natural objects to place upon the trial court the responsibility of weighing the evidence and arriving at a satisfactory conclusion in the matter.

The findings here support the judgment. In the absence of material error in the trial, this court will not disturb the judgment, which is affirmed.

Thompson, J., Shenk, J., Curtis, J., Seawell, J., and Langdon, J., concurred.