James v. Williams

Citations

• 31 Cal. 211

Syllabus

<p>Findings of Fact.—If the Court does not draw up a written finding of all the facts put in issue, and no exception is taken for want of a finding, the presumption is that those facts necessary to sustain the judgment, and not contained in the findings, were found by the Court.</p> <p>Questions to be raised on Findings of Fact.—The only question that can be raised in the appellate Court upon the findings, if no exception is taken to them, is, are they consistent with the judgment.</p> <p>Evidence no part of Findings of Fact.—Neither the opinion of the Court nor the evidence form any part of the findings of fact,* although incorporated therein by the Court. In looking at the findings the Court will only consider the ultimate facts found.</p> <p>Consideration of the Evidence.—The objection thq,t the evidence does not warrant the judgment, can be entertained only on motion for a new trial.</p> <p>Enlargement of Ditch.—If the owner of a ditch is entitled to all the water flowing down the stream where the ditch starts out, other parties having ditches on the same stream cannot complain of its enlargement.</p>