Vanoni

The plaintiff commenced an action to recover damages caused by an assault on him by the defendant. The defendant appeared and answered and a trial was had before the trial court sitting without a jury. The trial court made its findings and caused a judgment thereon to be entered in favor of the plaintiff. The defendant made a motion for a new trial, the motion was denied and he has appealed from the judgment under section 953a of the Code of Civil Procedure.

In his answer the defendant denied the material allegations of the complaint and pleaded affirmatively his justification for the alleged assault. On the issue of justification the trial court made several findings against the defendant and the defendant attacks those findings, claiming that they are not supported by the evidence. The plaintiff replies that the evidence was conflicting and that there was substantial evidence supporting all of the findings made by the trial court. To that reply the defendant answers, that since the repeal of section 1835 of the Code of Civil Procedure the trial courts must be governed by section 1826 and section 2061 of the Code of Civil Procedure. That answer is quite interesting and may be of…