Savings & Loan Society v. Thorne
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco, setting aside a judgment. Action of ejectment. The facts are stated in the opinion of the court.
1Opinion of the Court
The Court.
In this case a jury was waived, and trial had by the court. Findings were not filed or waived, and a judgment was entered in favor of the defendants. After the lapse of more than six months, plaintiff moved to have the judgment vacated on the ground above indicated. The motion was granted, and from the order granting it this appeal was taken. In Dowd v. Clarke, 51 Cal. 262, this court said: “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 634 of the Code of…
2Cases cited1 opinion
- Dowd v. ClarkeCalifornia Supreme Court · 1876
3Cited by6 opinions
- People v. GreeneCalifornia Supreme Court · 1887
- Norton v. Atchison, Topeka, & Santa Fé RailroadCalifornia Supreme Court · 1893
- Mace v. O'ReilleyCalifornia Supreme Court · 1886
- People v. GreeneCalifornia Supreme Court · 1887
- Hernandez v. Bobst, North America, Inc.District Court, E.D. California · 2021
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