14 Cal. 230 | Cal. | 1859
delivered the opinion of the Court—Field, C. J. and Cope, J. concurring.
■ Conceding, as we do, that this Court has, by virtue of its appellate powers and the authority given it to issue process necessary to give effect to its appellate powers, the right to compel the inferior tribunals to proceed to hear and determine causes of which they refuse to take cognizance; still, we think the facts of this case do not entitle the petitioner to his prayer.
We do not think that the rule of the District Court, requiring a party, on motion for new trial, or for judgment on a special verdict, to prepare and submit a statement of the facts at the trial, applies to a case like the one below, which was an issue submitted in a chancery cause, to a jury, to determine and return a finding on certain matters of fact. But whether the Judge below could
The findings on issues are merely advisory to him, sitting as a Chancellor, and if the proceedings before the jury and the evidence be not within his memory, and if the counsel be unwilling or unable to furnish a statement of them, it is for the Court below to determine whether it can intelligently proceed to dispose of the cause in its present shape; or it must, on its own responsibility, take the steps deemed by it necessary or proper in the premises. It may proceed to rehear the cause upon the proofs and pleadings, or, possibly, it might require the Attorney to prepare the statement. At all events, it is very certain that we cannot interfere in the manner prayed for by the petition.
Petition denied.