Glascock v. Ashman

Citations

• 52 Cal. 420

Syllabus

<p>Finding of Facts.—The Court, when it finds the facts, must find on all the material issues made by the pleadings.</p> <p>Finding a Probative Fact.—The finding of a probative fact which might tend to prove an allegation in the complaint, is not a finding of the truth of the allegation if the evidence is not in the record, and there might have been evidence which is not in the record to overcome the presumption arising from the finding.</p> <p>Finding of Facts as to Damages.—In an action against a Sheriff to recover damages for failure to return an execution, a finding by the Court that the Sheriff has not returned the execution is not a finding that actual damages were sustained, if there is nothing in the record to show but what the evidence might have disproved damages.</p>