JUDGES: Crockett, J. Mr. Chief Justice Wallace did not express an opinion.
OPINION
CROCKETT, Judge
The court finds, " That all the material facts set forth in the complaint are true," and thereupon entered a judgment for the plaintiff. The finding is insufficient and will not support the judgment. While it is permissible in the findings to refer to a pleading, as for example, that a note or mortgage set forth in the complaint was executed by the party at the time therein alleged, yet in such cases " the reference should be distinct and pointed, so as to leave no doubt as to what particular facts are intended." (Breeze v. Doyle , 19 Cal. 101.) In the same case it is said that the true test of the sufficiency of a finding is whether it would answer if presented by a jury in the form of a special verdict. Nor is a finding good which states only general conclusions, leaving it doubtful what particular facts were established. (Polhemus v. Carpenter , 42 Cal. 375.) Tested by these rules, the finding in this case is insufficient. The finding is that all the " material" facts stated in the complaint are true. But we have no means of determining what facts the court deemed " material," and have no information from the findings on this point. So loose a method of finding the facts cannot be tolerated, and would lead to the most serious perplexities.
Judgment reversed, and cause remanded for a new trial. Remittitur forthwith.