Baggs v. Smith
California Supreme Court
Baggs v. Smith, 53 Cal. 88 (Cal. 1878)
Baggs v. Smith
Opinion of the Court
The findings filed June 4th, 1877, are insufficient to support the judgment entered on that day, in that they did not respond to the issue joined upon the counter-claim of the defendant for the alleged loan of moneys to the plaintiffs. It is the settled rule that the material issues made by the pleadings must be responded to by the findings.
The order of August 6th, 1877, amending the findings, was
Judgment and order of August 6th, 1877, reversed, and cause remanded for a new trial.
Reference
- Full Case Name
- ISAAC BAGGS v. CHAS. S. SMITH
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- Findings must Respond to Material Issues.—The material issues made by the pleadings must be responded to by the findings! Amending Findings aster Appeal.—After an appeal has been taken, the Court below has no authority to make new or further findings.