Hittson v. Stanich

YORK, J.

This is an action to recover judgment for nonpayment of several promissory notes and attorneys’ fees, and for the arrest of defendant, and his confinement in the county jail in Los Angeles County, etc., on the alleged ground that the defendant obtained from plaintiff the moneys for which said notes were given, by false and fraudulent representations.

The defendant was personally served with summons and complaint in Los Angeles County. He failed to appear, and his default was duly entered.

[435]

On a hearing in the superior court, judgment was entered for

plaintiff

for the amounts due plaintiff on the promissory notes and for attorneys’ fees, hut not for the arrest of defendant.

Plaintiff

appeals from the judgment and “from the whole and every part thereof.” The judgment recites that the case came on for trial on the twenty-sixth day of December, 1923, “and evidence, both oral and documentary,” was introduced, and “the court having filed its findings of fact and conclusions of law, ordered the entry of the judgment.” But no findings of fact or conclusions of law were made. In support of his appeal plaintiff prepared what is designated a bill of exceptions. It recites the filing of the complaint, which it sets forth

in haec verba,

the entry of the defendant’s default; that it was difficult to locate the defendant, and that it took nearly three months to do so; that a warrant was out for his arrest on various charges, and that the plaintiff asked the court for a judgment for the arrest of defendant, and his confinement in the county jail; that the court denied the motion and entered the judgment on January 7, 1924, for the amount prayed for in the complaint with attorneys’ fees; that plaintiff prepared findings of fact and conclusions of law and presented them to the court for signing, and that the court refused to sign them or to sign any findings of fact whatsoever, and then follows in said proposed bill of exceptions a copy of the proposed findings of fact so prepared and presented to the court. The fact that the plaintiff did not waive findings of fact and the court refused to sign any findings is clearly embodied in the record before us.