Van Court v. Winterson
California Supreme Court
Appeal by defendant from orders of the Superior Court of the City and County of San Francisco, vacating and setting aside a judgment, and reinstating case on the calendar for trial. Evans, J. The facts are stated in the opinion of the Court. Subsequent to the decision in department, a petition for hearing in ’ bank was presented and denied.
1Opinion of the Court
The Court :
The Court below made an order (which was entered in the minutes), that judgment be entered in favor of defendant. Thereupon, the Clerk entered judgment. Subsequently, the Court, on the motion of the plaintiff, ordered the judgment to be set aside, and the cause restored to the calendar for trial, for the reason that it appeared to the Court that no findings of fact were ever prepared, signed, or filed, and the findings were not waived.
We see no error in this. If the judgment had been appealed from, we would, in order to sustain the judgment, presume that findings had been filed or…
2Cited by5 opinions
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- Benton v. BentonCalifornia Supreme Court · 1898