Baker v. O'Riordan

Citations

• 2 Cal. Unrep. 179

Syllabus

<p>Trial—Inconsistent Findings as Basis for Judgment.—If in an action to set aside a decree in distribution the court, after finding that the defendant procured the decree without notice to the plaintiff and without any appearance or knowledge on his part, finds that a named person “assumed to represent plaintiff -at said hearing and making of said decree of distribution,” and finds again that plaintiff was not represented at the hearing, the findings are too contradictory to base a judgment upon.</p> <p>Words and Phrases—“Assumed to Represent.”—When it is said that a person assumed to represent another, the meaning is that he took upon himself to represent that other and did not represent him; in which case it cannot be said that the other was not represented.</p>