Newman v. Maldonado

Citations

• 3 Cal. Unrep. 540
• 30 P. 833
• 1892 Cal. LEXIS 1041

Syllabus

<p>Appeal—Failure to Make Findings.—A judgment will not be reversed because of the failure of the trial court to find on issues the burden of proving which was on appellant, unless he shows by bill of exceptions or by statement that he offered evidence in support thereof, sufficient, in the absence of countervailing evidence, to justify a finding in his favor thereon.</p> <p>Appeal—Waiver of Bond.—Under Code of Civil Procedure, section 940, requiring an undertaking to be filed or waived within five days after service of notice of appeal, the waiver must be made within the five days, but it need not be filed within that time. Perkins v. Cooper, 87 Cal. 241, 25 Pac. 411, followed.</p>