Hathaway v. Ryan

Citations

• 35 Cal. 188

Syllabus

<p>Findings of Fact.—In ease of the trial of a cause before the Court without a jury, it is the right of the Judge of the Court to sign and file his findings, whether drafted by himself or another, without notice to the attorneys of the parties; and in doing so his sole duty is to see that they are proper, and in conformity with his view of the facts and law of the case.</p> <p>Idem—Remedies when Defective or Erroneous.—If there be a material fact, in respect to which the findings are silent, the party aggrieved may except to them by pointing out the particular defect or omission complained of, and if then the Court refuses to correct them, the remedy is by appeal. But if on any material fact the Court finds contrary to or without sufficient evidence, this is ground for a new trial only.</p> <p>Idem—Stipulation.—On the trial of a cause before the Court without a jury, the Judge, after announcing orally a decision in favor of the plaintiffs, requested plaintiffs’ attorney to draw up in form proper findings j thereafter plaintiffs’ attorney drew up and served upon defendants’ attorney, successively, three series of such proposed findings, to the first and second of which, when so served, defendants’ attorney excepted. The first series was withdrawn by plaintiffs’ attorney on presentation of defendants’ exceptions thereto. The Judge of the Court refused to sign the second series on consideration of defendants’ exceptions thereto. To the third series the defendants’ attorney prepared and served on plaintiffs’ attorney amendments in the shape of a substitute series—to the adoption of which, in lieu of his own, plaintiffs’ attorney dissented, of which he gave defendants’ attorney written notice, and therein inquired when the findings should be settled. The third series drawn by plaintiffs’ attorney were signed and filed by the Judge without notice given to defendants’ attorney or consideration of his amendments thereto; thereupon defendants’ attorney moved to vacate and s