Majority
Headnote
Appeal prom Judgment—Sufficiency of Findings—Statute of-Limitations.—Upon an appeal from the judgment, where the-findings show the date when the cause of action accrued, from which it. appears that it is not barred by the statute of limitations, the-failure of the court to make an express finding upon a plea of the statute of limitations does not render the findings insufficient to support the judgment for the plaintiff.This is an appeal from a judgment resting on the judgment-roll alone. The only question presented is the sufficiency of the findings to support the judgment. The court made no express finding on the statute of limitations, pleaded as a defense to the first cause of action set forth in the complaint, and such failure is assigned as error. The findings, however, clearly show the date when this cause of action accrued, and from this it is apparent that the cause of action was not barred by the statute. This was. sufficient. (Ready v. McDonald, 128 Cal. 664 , [ 79 Am. St. Rep. 76 , 61 Pac. 272 ]; Paine v. San Bernardino, 143 Cal. 656 ,. [ 77 Pac. 659 ] ; Krasky v. Wollpert, 134 Cal. 338 , [ 66 Pac. 309 ] ; Warren v. Hopkins, 110 Cal. 512 , [ 42 Pac. 986 ]; Breeze v. Brooks, 97 Cal. 77 , [ 31 Pac. 742 ] ; Baum v. Roper, 145 Cal. 116 , [ 78 Pac. 466 ]; Eva v. Symans, 145 Cal. 202 , [ 78 Pac. 648 ].)
The judgment is therefore modified by striking out' said items, and by reducing the total amount thereof to the sum. of $790.73. As so modified the judgment is affirmed.
Chipman, P. J., and Buckles, J., concurred.
Cases cited
- Krasky v. Wollpert 134 Cal. 338 p. 616
- Baum v. Roper 145 Cal. 116 p. 616
- Eva v. Symons 145 Cal. 202 p. 616