Hawes v. Clark

Citations

• 84 Cal. 272
• 24 P. 116
• 1890 Cal. LEXIS 802

Syllabus

<p>New Trial — Continuance — Discretion.—It is not an abuse of discretion warranting a new trial for the court to refuse a continuance on the ground of the inflamed condition of the eyes of counsel, if, notwithstanding the alleged disability, the counsel immediately proceeds to participate in and conduct the trial in person.</p> <p>Oral Waiver oe Jury Trial — Transfer of Cause — Estoppel. —When an oral waiver of a jury trial is made in open court by the defendant’s counsel, at the time when the case is set for trial, in consideration of an agreement with plaintiff’s counsel that the case shall be transferred to another department of the superior court and tried at a future time therein, the defendant is estopped from objecting at suieh future trial that his waiver was not entered upon the minutes of the court. After having received the benefit of the transfer, and secured the delay sought by him, he cannot be allowed to avoid the accompanying burden of a trial before the court without a jury.</p> <p>Findings — Want of Finding upon Affirmative Defense. — When the findings support the judgment, and contain nothing inconsistent with it, the failure to find upon affirmative defenses will not be ground for reversal, unless it is shown by statement or bill of exceptions that evidence was submitted in relation to the issues presented by such defenses.</p>