Pereira v. Smith

Citations

• 79 Cal. 232
• 21 P. 739
• 1889 Cal. LEXIS 707

Syllabus

<p>Appeal—Review of Evidence. —The evidence in this case held sufficient to sustain the findings.</p> <p>New Trial — Excessive Damages.—There is no reason for holding the amount of damages excessive as ground for new trial, when the sum allowed is less than that claimed in the complaint, and the uncontradicted evidence of plaintiff shows that he suffered twice as much damage as that claimed.</p> <p>Findings — Request by Parties — Duty of Court. — It is not allowable for parties to dictate what findings shall be adopted by the judge. Under the present system of findings, requests for findings are unnecessary and immaterial, and it is not error to disregard them, provided the court finds on all the issues, as it is bound to do, without request.</p>