Leadbetter v. Lake
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. John Hunt, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFABLAND, J.
Judgment went in the court below for defendants. Plaintiffs appeal from tbe judgment, bringing up only tbe judgment-roll, wbicb consists of the pleadings and the judgment. The appellants ask for a reversal upon the ground that there were no findings, and that findings were not waived. But all intendments are in support of a judgment, arid he who expects to reverse it must affirmatively show error. It has been established by a long line of decisions of this court that where the record is silent upon the subject a waiver of findings will be pr&-sumed. The fact that findings were not waived must…
2Cases cited4 opinions
- Boston Tunnel Co. v. McKenzieCalifornia Supreme Court · 1885
- Smith v. BrannanCalifornia Supreme Court · 1859
- Montgomery v. SayreCalifornia Supreme Court · 1891
- In re the Estate of ArguelloCalifornia Supreme Court · 1890
3Cited by10 opinions
- Phelan v. Superior CourtCalifornia Supreme Court · 1950
- City of Sapulpa v. YoungSupreme Court of Oklahoma · 1931
- California Trust Co. v. CassidyCalifornia Supreme Court · 1936
- City of Oakland v. WheelerCalifornia Court of Appeal · 1917
- Ream v. BarrCalifornia Court of Appeal · 1930
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