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Swift v. Muygridge

Supreme Court of California
Oct 1, 1857
8 Cal. 445 (Cal. 1857)

Summary

In Swift v. Muybridge, 8 Cal. 445, it was said: "The findings of fact by the court are like the special verdict of a jury.

Summary of this case from Kennedy & Shaw Lumber Co. v. S. S. Construction Co.

Opinion

         Appeal from the District Court of the Fourth Judicial District.

         COUNSEL:

         Harmon & Labatt, for Appellant.

          Pixley & Smith, for Respondent.


         JUDGES: Field, J., delivered the opinion of the Court. Terry, C. J., and Burnett, J., concurring.

         OPINION

          FIELD, Judge

         This was an action upon an undertaking executed by the defendants to release property attached in a suit in a Justice's Court, in which the plaintiff had judgment. The action was tried by the Court, and among its findings of fact there is none as to the release of the property attached and its delivery to the defendant in the attachment suit; and this omission is now urged by the appellant as fatal to the judgment. The position is not tenable. The release of the property by the constable, and its surrender to the defendant in that suit, are distinctly alleged in the complaint, and admitted in the answer. There can be no necessity of a finding as to a fact admitted by the pleadings. The finding is required only when an allegation of a material fact in the complaint is controverted by the answer, so as to raise an issue. The findings of fact by the Court are like a special verdict of a jury. They must be taken in connection with the pleadings to support the judgment.

         Judgment affirmed.


Summaries of

Swift v. Muygridge

Supreme Court of California
Oct 1, 1857
8 Cal. 445 (Cal. 1857)

In Swift v. Muybridge, 8 Cal. 445, it was said: "The findings of fact by the court are like the special verdict of a jury.

Summary of this case from Kennedy & Shaw Lumber Co. v. S. S. Construction Co.
Case details for

Swift v. Muygridge

Case Details

Full title:SWIFT v. MUYGRIDGE et al.

Court:Supreme Court of California

Date published: Oct 1, 1857

Citations

8 Cal. 445 (Cal. 1857)

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As the terms are admitted, no finding on that subject was necessary. (Swift v. Muygridge , 8 Cal. 445;…

Williams v. Ashe

The judgment is sufficiently supported by the pleadings, including the answer; and it is not necessary that…