Baggs v. Smith
ISAAC BAGGS v. CHAS. S. SMITH
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court :
The findings filed June 4th, 1877, are insufficient to support the judgment entered on that day, in that they did not respond to the issue joined upon the counter-claim of the defendant for the alleged loan of moneys to the plaintiffs. It is the settled rule that the material issues made by the pleadings must be responded to by the findings.
The order of August 6th, 1877, amending the findings, was *90also erroneous, if for no other, for the reason that the cause was then pending in this Court upon appeal from the judgment, and under such circumstances the Court below had no authority to make new or further findings in the cause.
Judgment and order of August 6th, 1877, reversed, and cause remanded for a new trial.
Cited by
- City of Vernon v. City of Los Angeles L. A. 22911 · 1955-12-06
- Jump v. Barr Civ. No. 2071. · 1920-02-26
- In re Bullard's Estate No. 14,902 · 1892-12-08
- Hayes v. Wetherbee No. 6,741 · 1882-04-05
- People v. Center No. 6,979 · 1880-07-01
- Knight v. Roche No 6,161 · 1880-07-01