Heredink v. Holton
California Supreme Court Jul 1, 1860Published
Before: Baldwin
Synopsis
Where a jury is waived, and the cause tried by the Court, the Court should find the facts, and not merely state the proofs.
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.
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