Polhemus v. Carpenter

Citations

• 42 Cal. 375

Syllabus

<p>Time to Move for New Trial when no Findings Asked—Practice Act, Sections 180 and 195.—When written findings are not requested, and none are filed at the time of the decision of a cause tried by the Court, the time within which a party intending to move for a new trial shall file and serve his notice will commence running from the time of service of written notice of the decision.</p> <p>Time to Move for New Trial when Findings duly Requested.— When written findings are duly requested, as provided in section one hundred and eighty of the Practice Act as amended in 1866, the Court is bound, and on proper proceedings will be required to file them; and a party will have ten days after written notice of the filing to move for a new trial.</p> <p>Right or Party to Written Findings if properly Requested.—A party requesting written findings, under section one hundred and eighty of the Practice Act as amended in 1866, is entitled to have them, and to know the precise facts found and the conclusions deduced therefrom, as a basis of his motion for a new trial in case the decision be adverse to him.</p> <p>Findings or mere Conclusions Defective—Refusal to Amend Defective Findings Error.—Where findings, instead of stating facts involved in the issues, contained only general conclusions, and afforded no information as to the particular facts considered by the Court as established; held, manifestly defective, and that a refusal to amend them, on proper application therefor, was clearly error.</p> <p>The Supreme Court will not Adjudicate Disputed Facts. — The Supreme Court, upon reversing the action of a lower Court, will not order 'final judgment when there appear to be material facts in dispute, upon which the evidence is conflicting.</p>