Van Court v. Winterson
J. W. VAN COURT V. MICHAEL WINTERSON
- 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
The Court :
The Court below made an order (which was entered in the minutes), that judgment be entered in favor of defendant. Thereupon, the Clerk entered judgment. Subsequently, the Court, on the motion of the plaintiff, ordered the judgment to be set aside, and the cause restored to the calendar for trial, for the reason that it appeared to the Court that no findings of fact were ever prepared, signed, or filed, and the findings were not waived.
We see no error in this. If the judgment had been appealed from, we would, in order to sustain the judgment, presume that findings had been filed or waived; but in this case that presumption is overcome by the statement in the bill of exceptions that there were no findings, and that findings had not been waived.
The orders are affirmed.
Cited by
- Martello v. Superior Court of California Docket No. L.A. 9819. · 1927-11-04
- Benton v. Benton Sac. No. 434 · 1898-11-21
- Connolly v. Ashworth 15053 · 1893-05-03
- Mace v. O'Reilley No. 11385 · 1886-07-28