Haight v. Sexton

Citations

• 5 Cal. Unrep. 203
• 42 P. 637
• 1895 Cal. LEXIS 1175

Syllabus

<p>Appeal—Conflicting Evidence.—A Finding by the Trial Court on evidence in which there is no substantial conflict will not, on appeal, be disturbed.</p> <p>Trial—Finding on Issue Outside Pleadings.—A reversal’ of a judgment cannot be had because a finding was made on an issue outside the pleadings, where other findings in the cause are sufficient to support it.</p> <p>Insolvency.—Where, in an Action by an Assignee in insolvency for possession of property, defendant claims under a bill of sale, a finding that defendant procured it by fraud is proper as a fact bearing on defendant’s right to possession, though the issue of fraud is not raised by the pleadings.</p>