5 P.2d 635 | Cal. Ct. App. | 1931
THE COURT.
This is an appeal by the contestants of decedent's will from a judgment in favor of the proponents, rendered by the court notwithstanding a verdict of a jury finding that the will was procured by undue influence.
[1] Section
In the present case no such motion was made or presented. All that respondents did was to hand to the court, at the conclusion of the evidence, a paper reading as follows:
"You are instructed to answer this question in the affirmative.
"You are instructed to answer this question in the affirmative.
"You are instructed to answer this question in the affirmative.
"You are instructed to answer this question in the negative.
"You are instructed to answer this question in the affirmative.
The court read the contents of the paper to the jury, except that it refused to direct a verdict on question IV (relating to undue influence) and left that issue open, to be determined by the jury. It also refused to give the general instruction at the end (paragraph VI).
Respondents contend that the submission of said paper to the court under the circumstances above stated was sufficient to meet the demands of the first clause of section
In view of the conclusion we have reached on this branch of the appeal, the question of the sufficiency of the evidence which appellants also urge as a ground of appeal becomes immaterial. The judgment is reversed, with directions to enter judgment in accordance with the verdict, and thereafter to hear and determine such other and further proceedings as may be necessary to a final disposition of the cause.
A petition for a rehearing of this cause was denied by the District Court of Appeal on December 28, 1931, and an application by respondents to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on January 25, 1932.
Curtis, J., and Preston, J., dissented.