Wunderlin v. Cadogan

Citations

• 75 Cal. 617
• 17 P. 713
• 1888 Cal. LEXIS 596

Syllabus

<p>Changing Findings of Fact — Notice. —Even if the trial court has power to substitute other findings of fact for those which have been signed and filed (which is doubted), it cannot be done without notice to the parties interested.</p> <p>Id. —Absence of Defendant from the Trial. —The fact that the defendant was not represented at the trial does not excuse the want of such notice. Proceedings Improvidently and Unintentionally Made—Presumftion. — While a court has power to set aside orders and judgments improvidently and unintentionally made, yet a given order or judgment will not be presumed on appeal to have been of that character. The fact must be affirmatively shown. And if seems that a recital that the order was made “under a misapprehension”is not a sufficient showing of the fact.</p>