Kusel v. Sharkey

Citations

• 46 Cal. 3

Syllabus

<p>Statement on Motion fob Hew Tbial. — A statement on motion for a new trial must contain the specifications particularly pointing out wherein the judgment is not warranted by the evidence, or wherein the facts found are contrary to the evidence, or what the errors in law were, if the new trial is asked on said grounds, or it will he disregarded.</p> <p>Implied Findings of Fact.—If the facts found are silent upon some material issue, the law implies that the Court found upon that issue in such a way as to support the judgment.</p> <p>Facts Insufficient to Show Tbespass. —In replevin for hogs distrained under the Act of March 26th, 1857, the Court found that the ‘ ‘defendant had caught the said hogs in traps on his land, and had hauled them in wagons to the pen,” and that certain persons, selected by the Constable without notice to the plaintiff and in his absence, and who were not sworn nor acting on the testimony of sworn witnesses, appraised the damages ‘‘ committed by said hogs in destroying fifteen acres of grain which defendant claimed was destroyed by said hogs.” Held, that such facts do not tend to prove the trespass.</p>