Bosquett v. Crane

Citations

• 51 Cal. 505

Syllabus

<p>Finding of Facts.—The finding of facts must support the judgment, and must respond to all material issues.</p> <p>Pbocbedings on Beveesad of Judgment.—If the judgment is reversed for a failure to find on all the issues, the court may, when the remittitur goes down, amend its findings without a new trial, if ft can do so on the evidence already taken; otherwise it may proceed to hear evidence upon the point, after notice to the parties.</p> <p>Estopped by Judgment.—If, in an action for damages for a trespass on land, the plaintiff relies for title upon certificates of purchase issued by the State, and the defendant puts in issue the plaintiff’s title, and the plaintiff recovers judgment, the judgment is not a bar to an action brought by the defendant against the plaintiff to determine which of the parties has the better right to purchase the land from the State.</p>