# Brown v. Graves

> California Supreme Court · January 15, 1852 · 2 Cal. 118

URL: https://www.frixlaw.com/law-library/cases/5432417

## Case

- **Full name:** WILLIAM H. BROWN v. JAMES GRAVES
- **Court:** California Supreme Court
- **Decided:** January 15, 1852
- **Citations:** 2 Cal. 118
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Heydbneeldt
- **Judges:** Heydbneeldt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5432417

## Opinion text

Justice Heydbneeldt
delivered the opinion of the Court. We have before decided, that we can only revise a case upon its facts, *120 where the appeal is from the refusal of a new trial, asked for in the Court below, on the distinct ground, that the finding was contrary to evidence. And this power to review the facts, is derived expressly from the statute, which gives an appeal from a decision granting or refusing a new trial.
The judgment must therefore be affirmed.
The appellant petitioned for a rehearing; and cited the New Pract. Act, see. 191.
A rehearing was granted at the ensuing term.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5432417. Public record. Not legal advice.