Paulson v. Nunan

California Supreme Court
Paulson v. Nunan, 54 Cal. 123 (Cal. 1880)
Bench, Department, From

Paulson v. Nunan

Opinion of the Court

Department No. 1, by the Court (from the Bench):

In this case there is an entire failure to find upon many of the material issues made by the pleadings. There is a finding upon a probative fact, from which it might be argued that the Court below was of a certain opinion as respects one of the ultimate facts; but there is no direct finding upon that issue, i. e., as to whether the plaintiff was or was not a peddler or huckster. But, passing that, there are a great many other averments, in respect to which there is no pretense of a finding; and we will have to follow the usual course in this case.

We all think that the judgment and order must be reversed, and the causé remanded for a new trial; and it is so ordered.

Reference

Full Case Name
PAULSON v. NUNAN
Cited By
1 case
Status
Published
Syllabus
Findings.—The findings must dispose of all the material issues.