Mulcahy v. Glazier
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The case was tried by the court and judgment was rendered for the plaintiff. No findings of fact were filed, nor did the transcript contain any bill of exceptions in relation to the want of findings, nor did it show that they were waived. The appellant brought up the testimony in a statement.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The case was tried by the court and judgment was rendered for the plaintiff. No findings of fact were filed, nor did the transcript contain any bill of exceptions in relation to the want of findings, nor did it show that they were waived. The appellant brought up the testimony in a statement. The defendant appealed from the judgment rendered on the 16th day of December, 1874, and from an order denying a new trial.
1Opinion of the Court
By the Court:
It is a well settled rule that upon appeal taken, error is not to be presumed, but must be affirmatively shown. Where, therefore, as here, a cause is tried by the court without a jury, and the appeal is taken upon the judgment-roll, the mere non-appearance of findings of fact in the roll does not necessarily establish that error was committed. The statute, when its several provisions are considered together, does not absolutely or unconditionally require that findings of fact shall be filed, but only that they must be filed unless waived in some one or more of the three methods…
2Cited by27 opinions
- Phelan v. Superior CourtCalifornia Supreme Court · 1950
- Carpenter v. Pacific Mutual Life InsuranceCalifornia Supreme Court · 1937
- In re the Estate of CookCalifornia Supreme Court · 1888
- Clark v. City of Los AngeLesCalifornia Supreme Court · 1911
- Wilcox v. SwayCalifornia Court of Appeal · 1945
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