Wren

Williams v. Wren

Good Law
1928 Cal. App. LEXIS 303·88 Cal. App. 607·263 P. 1038
Court of Appeal of CaliforniaJanuary 25, 1928Docket No. 6136.California414 words

Opinion

Lead Opinion

Welch, J.

This proceeding was commenced by way of a petition to compel the defendant officers of the Pickwick Corporation to permit the respondent to inspect the stock ledgers and stock certificate books of the corporation and to take copies and memoranda thereof.

Issue was joined by answer of the appellants denying specifically the allegations of the petition and setting forth separate and further defenses to the petition for the writ of mandate.

This appeal is from the order granting the writ and is upon the judgment-roll and the reporter’s transcript of the testimony.

A decision in the usual form was not made or filed in the proceeding by the court, but the court, in its order herein appealed from, found “that all of the material allegations of the complaint are true and that the answers of the defendants do not state facts sufficient to constitute a defense thereto. ’ ’

Appellants make the point here that this finding is not a compliance with sections 632 and 633 of the Code of Civil Procedure. This contention must be sustained. Appellate courts are entitled to definite and certain findings of the facts of the case where findings are required and involved. Indeed, findings, unless…

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