Himmelman v. Henry

Citations

• 84 Cal. 104
• 23 P. 1098
• 1890 Cal. LEXIS 769

Syllabus

<p>Ejectment — Special Defenses — Findings — Appeal from Judgment— Presumption. —When the findings in an action of ejectment sustain all the material allegations of the complaint as against the denials of the answer, but do not pass upon special defenses set up in the answer, and the appeal is upon the judgment roll alone, without any statement of the evidence or bill of exceptions, it will not be presumed, against the correctness of the judgment, that there was any evidence in support of the special defenses, and the judgment will not be reversed for failure to find thereupon.</p> <p>Appeal — Findings — Support of Judgment—Failure to Find upon Issue — Want of Evidence. —-The findings of the court must be sufficient to support the judgment, and must contain nothing inconsistent with it; but a failure to find upon an issue, a finding upon which would merely have the effect of invalidating a judgment fully supported by the findings made, will not be held ground for reversal, unless it is shown by statement or bill of exceptions that evidence was submitted in relation to such issue.</p>