Adams v. Helbing

Citations

• 107 Cal. 298
• 40 P. 422
• 1895 Cal. LEXIS 750

Syllabus

<p>New Trial—Decision Against Law—Failure to Find upon Material Issue—Review upon Appeal.—When the court rendering judgment fails to find upon a material issue, the decision is against law, and may be reviewed upon appeal from an order granting or refusing a new trial.</p> <p>Id.—Omission to Find upon Issue Rendered Immaterial.—Where the complaint sets forth two or more grounds for relief, either of which is sufficient to support a judgment in favor of the plaintiff, a finding upon one of such issues is sufficient to sustain a judgment, and a failure to find upon the other issue does not render the decision against law, and is not ground for a new trial.</p> <p>Id.—Forcible Entry and Detainer—Sufficiency of Finding.—Where a complaint charges both a forcible entry and a forcible detainer a finding that the plaintiff was the owner and in possession of the property should be construed to import that he was in the actual and peaceable possession thereof at the time when he was forcibly removed therefrom, and that he was entitled to the possession at the time of the forcible detainer; and the finding being sufficient to support a judgment for forcible detainer, it is immaterial whether it is sufficient to support a judgment upon the ground of forcible entry.</p> <p>Id.—Review of Evidence—Insufficient Specifications.—Specifications of the insufficiency of the evidence which are merely brief statements of what the evidence shows are insufficient.</p> <p>Id.—Surplusage—Statement of What Evidence Shows.—It is not necessary that a specification in a statement on motion for a new trial should state what the evidence does show, and such a statement is insufficient if standing alone, and surplusage if joined to a proper specification.</p>