Heredink v. Holton

California Supreme Court
Heredink v. Holton, 16 Cal. 103 (Cal. 1860)
1860 Cal. LEXIS 177
Baldwin

Heredink v. Holton

Opinion of the Court

Baldwin, J.

Field, C. J. and Code, J. concurring.

On reargument, the facts are not found in the case, but only statements given of what witnesses testified as to several matters necessary to the correct determination of the issues involved. The Court below should find the facts—not merely state the proofs.

Judgment reversed and case remanded, that the Court may find the facts. Ordered accordingly.

Reference

Full Case Name
HEREDINK v. HOLTON
Status
Published
Syllabus
Where a jury is waived, and the cause tried by the Court, the Court should find the facts, and not merely state the proofs.