A Treatise on New Trial and Appeal Volume 2; Presenting and Illustrating the Laws and Rules of Practice in California, Arizona, Colorado, Idaho, Mon

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 Excerpt: ...574; Kerns v. MeKean, 65 Cal. 411, 4 Pac. 404; Gould v. Stafford, 77 Cal. 66. 18 Pac. 879; Learned v. Castle, 78 Cal. 454, 18 Pac. 872, 21 Pac. 11; Snodgrass v. Parks, 79 Cal. 55, 21 Pac. 429; Langan v. Langan, 89 Cal. 1S6. 26 Pac. 764; Jackson v. Torrance, 83 Cal. 521, 23 Pac. 695; Felton v. Le Breton, 92 Cal. 457, 28 Pac. 490; Borsev v. Newcomber, 121 Cal. 213, 53 Pa'c. 557; Tuohy v. Woods, 122 Cal. 665, 55 Pac. 683; McElligott v. Krogh, 151 Cal. 126, 90 Pac. 823. As to when findings are contradictory, see Barrante v. Garratt. 50 Cal: 112; Smith v. Acker, 52 Cal. 217. As to contradictory verdicts, Bee section 235, ante. As to contradictory instructions, see section 123, ante. M See subdivision 6, below. - Snodgrass v. Parks, 79 Cal. 55, 21 Pac. 429. but must be so construed, if possible, to support the judgment, rather than to destroy it. In Murray v. Tulare Irr. Co.57b the supreme court held that findings must be construed together in harmony, if possible, so as to justify the conclusion reached by the court; and in another case 570 it was said that ' findings are to be liberally construed in support of a judgment, and, if possible, are to be reconciled so as to prevent any conflict upon material points, and unless the conflict is clear, and the findings incapable of being harmoniously construed, a judgment will not be reversed on the ground of a conflict in the findings. Again: We do not think the court should strain the language of the finding to make out a case of conflict. 574 And, The findings of a court cannot be altogether detached from each other and considered piecemeal.57 If a particular finding be doubtful or obscure, reference may be had to the context for the purpose of ascertaining the meaning....