Muller v. Rowell

Citations

• 110 Cal. 318
• 42 P. 804
• 1895 Cal. LEXIS 1058

Syllabus

<p>Findings—Agreed Statement of Facts.—Where the court, in the decision of a case, adopts the facts stipulated by the parties in an agreed statement, as the facts of the case, and bases its judgment thereon, such agreed statement takes the place and serves all the purposes of a formal finding by the court; and no other or more formal findings are required.</p> <p>Id. — Agreed Statement Equivalent to Admissions in Pleadings. — Where the parties stipulate in writing as to what the facts are, and file such stipulation in the action, it is in all substantial respects the equivalent of admitting them in the pleadings; and it is only where the facts are in issue that findings thereon by the court are necessary in any case.</p> <p>Id.—Frivolous Appeal—Damages.—Where it is evident that an appeal is frivolous, and taken purely for delay, the appellant will be mulcted in damages.</p>