Gordon v. Donahue

Citations

• 79 Cal. 501
• 21 P. 970
• 1889 Cal. LEXIS 760

Syllabus

<p>Findings—Time of Filing—Waiver—Presumptions upon Appeal.— The fact that no findings appear to have been indorsed as filed, and that findings attached to the judgment roll bear date after the entry of judgment, and follow the judgment in their position in the judgment roll, is not ground of reversal upon appeal from the judgment. Every presumption upon appeal is against error, and in favor of the regularity of the proceedings of the court below; and in the absence of a bill of exceptions showing non-waiver, findings must be presumed to have been waived, or to have been filed in fact before the judgment was entered, the mere date and position of the paper being disregarded.</p> <p>Id. — Presumption of Discharge of Official Duty—Judgment Boll. — It must be presumed, in the absence of evidence to the contrary, that the clerk in making up the judgment roll regularly performed his official duty, and made it up within the proper time, including all papers then on file which should have gone into it.</p>