Van Court v. Winterson

Citations

• 61 Cal. 615
• 1882 Cal. LEXIS 672

Syllabus

<p>Findings—New Trial — Bill of Exceptions — Vacating Judgment— Practice.—Pursuant to an order of the Court below, the Clerk entered judgment in favor of the defendant, but subsequently the Court, on motion of plaintiff, vacated the judgment and restored the ease to the calendar for trial for the reason that it appeared that no findings had been made, and that findings were not waived.</p> <p>Held: Upon an appeal from the judgment, it would, in order to sustain the judgment, have been presumed that findings had been filed cr waived; but in this case that presumption is overcome by the bill of exceptions showing the facts.</p>