How will the Court of Appeal interpret the implied findings of fact made by a trial court in support of an order?

California, United States of America


The following excerpt is from Cosper v. Smith & Wesson Arms Co., 338 P.2d 596 (Cal. App. 1959):

In Murray v. Superior Court, 44 Cal.2d 611, 619, 284 P.2d 1, it is said that an appellate court will not disturb the implied findings of fact made by a trial court in support of an order, any more than it will interfere with express findings upon which a final judgment is predicated; that when the evidence is conflicting, it will be presumed that the court found every fact necessary to support its order that the evidence would justify; that so far as it has passed on the weight of the evidence, its implied findings are conclusive; and that this rule is equally applicable whether the evidence is oral or documentary.

Page 598

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