Dowd v. Clarke
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Action to enforce a contract in writing for the sale of real estate. The testimony was taken and the case was held under advisement by the court, and, after deliberation, the court directed judgment to be rendered for the defendant. No findings of fact were made. The plaintiff moved for a new trial and filed a statement in support of it, which was settled by the court.
Read the full summary
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Action to enforce a contract in writing for the sale of real estate. The testimony was taken and the case was held under advisement by the court, and, after deliberation, the court directed judgment to be rendered for the defendant. No findings of fact were made. The plaintiff moved for a new trial and filed a statement in support of it, which was settled by the court. The motion for a new trial was denied. The point that no findings had been made was not raised either in the statement or in a bill…
1Opinion of the Court
By the Court:
There are no “findings of fact” in this transcript, nor does it appear that such findings were waived in the court below, in any of the three modes provided for in section six hundred and thirty-four of the Code of Civil Procedure.
Unless waived, a judgment cannot be permitted to stand in the absence of findings of fact. The statute evidently requires full findings which shall respond to all the material issues made by the pleadings.
The object of the section of the Code relating to findings is to do away with the doctrine of implied findings, as based on the statute of 1861, and…
2Cited by6 opinions
- Dillon Implement Co. v. CleavelandUtah Supreme Court · 1906
- Engleman v. GreenCalifornia Court of Appeal · 1954
- Drainage Dist. No. 4 v. CrowOregon Supreme Court · 1891
- People v. Ocean Shore Railroad, Inc.California Court of Appeal · 1937
- Savings & Loan Society v. ThorneCalifornia Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.