Dedmon v. Moffitt
Citations
- 89 Cal. 211
- 26 P. 800
- 1891 Cal. LEXIS 799
Syllabus
<p>Appeal — Omitted Findings — Showing of Materiality. —A judgment will not be reversed merely for the failure of the trial court to make findings upon certain issues, unless it appears that sufficient evidence was presented to authorize a finding thereon, and unless it also appears that the issue was of such a nature that the finding which it is claimed should have been made would have the effect to countervail other findings in the record to such an extent that the judgment thereon would be invalid.</p> <p>Id.—Diversion of Water — Injunction — Immaterial Omission in Findings. —In an action for damages for the wrongful diversion of water, and to restrain the future diversion of the same, where the trial court found that all of the defendants hut one had the right, as against the plaintiffs, to divert the water in the mode and to the extent in which they were diverting it, and the other defendant was enjoined from diverting the water, findings upon issues as to whether all of the defendants threatened any further diversion, and as to the extent, time, and amount of the plaintiffs’ appropriation, there being no question as to the relative rights of the parties, are immaterial, and the failure to find thereon will not justify a reversal of the judgment.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[a]lthough Georgia’s new Evidence Code is applicable to the trial of this case, the evidentiary requirements relating to the admissibility of expert opinion testimony in a criminal case under the new Evidence Code (OCGA § 24-7-707
- noting that expert testimony is admissible when the expert’s conclusion is beyond the ken of the average layman
- “Deficient performance of counsel is not shown by trial counsel’s failure to present a witness whose testimony would have been inadmissible.”
- “Deficient performance of counsel is not shown by trial counsel’s failure to present a witness whose testimony would have been inadmissible.”
- \Deficient performance of counsel is not shown by trial counsel's failure to present a witness whose testimony would have been inadmissible.\
- “An aggressor is not entitled to a finding of justification.” (citing OCGA § 16-3-21 (b) (3))
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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