Winslow v. Gohransen

Citations

• 88 Cal. 450
• 26 P. 504
• 1891 Cal. LEXIS 713

Syllabus

<p>Findings — Omission —'Support of Judgment — Sufficiency of Evidence — Appeal. — A failure to find upon an issue, the finding npon which might have the effect of invalidating a judgment fully supported by the findings made, is not ground for reversal, unless it be shown by a statement or a bill of exceptions that evidence was submitted in relation to the issue sufficient to authorize such a finding as would have the effect to invalidate the judgment.</p> <p>Id. — Omitted Adverse Finding. — The failure to find upon an issue a finding upon which must have been adverse to the appellant is not ground for a reversal of the judgment.</p> <p>Id.—Presumption upon Appeal — Recital in Findings.— It will not be presumed on appeal that evidence was offered upon an issne on which no finding was made; and a recital in the findings to the effect that the court proceeded to hear the cause upon the issues made, by the complaint and answer, and heard the proofs of the parties in support of the issues, does not justify such presumption.</p>