Smith v. Acker

Citations

• 52 Cal. 217

Syllabus

<p>Conflict in Findings.—If the Court makes a finding of the ultimate facts, and also makes additional findings of probative facts, which are not shown to be the only probative facts established by the evidence, and which may have co-existed with the ultimate facts found, and judgment is rendered in accordance with the ultimate facts found, the judgment cannot be attacked on the ground that the first findings are not true, because contradicted by the probative facts.</p> <p>Finding of Ultimate and Probative Facts. — When the ultimate fact is found, no finding of probative facts which may tend to establish that the ultimate fact was found against the evidence, can overcome the finding of the ultimate fact.</p>