Speegle v. Leese (1876) · DecisionDepot

Speegle v. Leese

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1876 No. No. 5009Published

Before: Crockett

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Holding. The court held that a trial court must make findings on all material issues raised by the pleadings, regardless of whether evidence was introduced on those issues, and failure to do so requires reversal.

Issues

Whether a trial court is required to make findings on all material issues raised by the pleadings even if no evidence is introduced on those issues.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“It is the duty of the trial court to find upon all the material issues made by the pleadings, whether evidence be introduced or not, and if there be no finding on a material issue, the judgment cannot be supported.”

Synopsis

Finding of Facts.—If an action is tried by the court without a jury, it is the duty of the court to find upon all the material issues made by the pleadings, whether evidence upon an issue is introduced or not.

By the Court, Crockett, J.: The controlling issue made by the pleadings was upon the question whether the plaintiff or defendant received a majority of the legal votes cast at the election. The court below wholly omitted to find upon this issue, and if the fact be that no evidence on this point was introduced, either by the plaintiff or defendant, this does not excuse the want of a finding. It is the duty of the trial court to find upon all the material issues made by the pleadings, whether evidence be introduced or not, and if there be no finding on a material issue, the judgment cannot be supported.

Judgment reversed, and cause remanded for a new trial.

Mr. Chief Justice Wallace did not express an opinion.

Speegle v. Leese

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