Lyons v. Leimback

Citations

• 29 Cal. 139

Syllabus

<p>Omission in Findings of Fact.—Where the findings in a case tried by the Court do not contain all the facts necessary to be proved in order to entitle the prevailing party to a judgment, it will not be reversed on appeal unless the Court below has, after the defect has been pointed out, failed or refused to make the required finding, and an exception has been taken thereto.</p> <p>Presumption that Facts not Found were Proved.—If the findings are defective, the presumption is that the facts not found were proved, unless the Court below is requested to supply the defect, and fails or refuses to do so.</p>