Smith v. Lawrence
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, San Francisco. This case was before the Supreme Court upon a former appeal, which is reported in 38 Cal. 24. The action was brought in April, 1867, to recover money alleged to be due upon two promissory notes. Judgment was rendered for the plaintiff in February, 1875, and the defendant moved for a new trial, which was granted. The plaintiff appealed.
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Appeal from the District Court of the Twelfth Judicial District, San Francisco. This case was before the Supreme Court upon a former appeal, which is reported in 38 Cal. 24. The action was brought in April, 1867, to recover money alleged to be due upon two promissory notes. Judgment was rendered for the plaintiff in February, 1875, and the defendant moved for a new trial, which was granted. The plaintiff appealed. The eleventh assignment of error, referred to in the opinion, is as follows: “ That the judgment should be set aside and a new trial granted because no findings were filed (and the…
1Opinion of the Court
By the Court :
The Court below granted the motion for a new trial upon the assumption that it appeared in the settled statement that findings of fact had not been waived. In this it was mistaken. The only allusion to that matter is found in the eleventh assignment of error, in which the fact of non-waiver is assumed as a basis for stating the alleged error therein set forth.
There is no statement in the body of the bill of exceptions that findings had not been waived, and the fact of such non-waiver is not otherwise, or in any manner, made to appear in the record.
There are no specifications of…
2Cited by9 opinions
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