Fiske v. Casey

Citations

• 4 Cal. Unrep. 558
• 36 P. 668
• 1894 Cal. LEXIS 1199

Syllabus

<p>Appeal—Finding Outside of the Issues.—Findings of fact on issues not made in the pleadings cannot be considered for the purpose of supporting the judgment.</p> <p>Appeal—Specification of Error.—On Appeal It is not Necessary to specify that the evidence is insufficient to support a finding not embraced in the issues.</p> <p>Mortgage.—In an Action to Declare a Deed Absolute on its face a mortgage, and to foreclose same, a finding by the court that, prior to its maturity, plaintiff had claimed such mortgage to be an absolute conveyance, and refused performance of the obligation, and that such refusal stopped the running of interest after maturity, is error, when no such issue is presented.</p>