...

waived] on the . . . day of . . ., 19.., G. H., Esq., appearing for the plaintiff, and J. K., Esq., for the defendant; and after hearing the allegations and proofs of the parties, the arguments of counsel, and being advised in the premises, I hereby make and file the following findings of fact and conclusions of law constituting my decision in said action:

FINDINGS OF FACT.

I. That [here state the facts found, separately and concisely]. II. That, etc.

CONCLUSIONS OF LAW.

I. That [here specify the same].

Let judgment be entered accordingly. [DATE.]

By the Court:

O. P., Judge.

19

This cause having been heretofore, on the . . . day of . .., ., submitted to the court for decision upon the complaint of the plaintiff, and the answer and cross-complaint of the defendant herein filed, and the report of G. H., Esq., court commissioner of this court, to whom the said cause was referred to take and report in writing the testimony of the parties, by order entered the . . . day of . . ., 19. ., after hearing the arguments of counsel for the respective parties, and the court being fully advised, now finds the following facts:

...

I. The plaintiff and defendant were married, one with the other, at Washoe County, state of Nevada, on the . . . day of 19.., and cohabited together as husband and wife from thence until the . . . day of . . ., 19..

II. That both the plaintiff and defendant are bona fide residents of the state of . . ., and have so resided in this state for more than one year continuously next before the commencement of this action and the filing of the complaint herein; and that at the time. of the commencement of this action the said plaintiff was a bona fide resident of the . . . county of . . .

III. That the plaintiff and defendant have two children, issue of said marriage, viz. T. U., aged . . . years, and V. W., aged

years.

...

19.

.

IV. That between the .. day of and the day of..., 19. ., at a lodging-house, . . . street, in the city of the plaintiff, A. B., committed adultery with one . . ., and lived during said time in adulterous intercourse with him. That on the . . . day of . . ., 19. ., or thereabouts, the plaintiff, A. B., lived in a house of prostitution, No. . . . street, in said county of..., said house being kept by one and then and there repeatedly committed adultery with divers persons, and earned a livelihood by habits of prostitution.

V. That the plaintiff and defendant have not cohabited with each other since the . . . day of . . ., 19 . . That each and every of said acts of adultery was committed without the consent, connivance, privity, or procurement of the defendant, and that the defendant has not cohabited with the plaintiff since his discovery of said adultery.

VI. That the plaintiff is, and has been for a long time past, an abandoned woman, addicted to the use of intoxicating drinks, and that she is a person by character, disposition, conduct, temper, and passions wholly unfit to have the care, custody, or management of children.

VII. That the property mentioned and described in the complaint is community property, and is of the value of . . . dollars.

As conclusions of law from the foregoing facts, the court finds: I. That the defendant is entitled to a decree of this court dissolving the bonds of matrimony heretofore existing between plaintiff and defendant, decreeing the plaintiff and defendant each to be freed and absolutely released from the bonds of matrimony, and all the obligations thereof.

II. That the defendant, C. D., is entitled to be awarded the sole charge, control, and custody of the children, issue of said. marriage.

[DATE.]

§ 1191. Findings in action to quiet title.

[TITLE.]

Form No. 394.

L. M., Judge.

This cause having been called regularly for trial before the court (a jury trial having been expressly waived by stipulation in

P. P. F. Vol. I-48

writing of the respective parties appearing therein) [or, as the case may be], E. F. appeared as attorney for the plaintiff, and G. H. appeared as attorney for defendant. And the court having heard the proofs of the respective parties, and considered the same, and the records and papers in the cause, and the arguments of the respective attorneys thereon, and the cause having been submitted to the court for its decision, the court now finds the following facts:

I. That the plaintiff entered into actual possession of all the land, and premises described in the complaint, on or about the . . . day of . . ., 19.., claiming it in his own right; and the said plaintiff has, ever since the date last aforesaid, occupied, used, and cultivated said land, having and keeping the same surrounded by a substantial inclosure, using and claiming the same, in his own. right, from that date to the present time, adversely to all the world, and especially as against the defendants.

II. That neither one of the defendants mentioned in the complaint, nor any grantor or predecessor of any of said defendants, has been in the possession of any part of said premises since the . . . day of . . ., 19.. ; and that the plaintiff first entered upon said premises justly and lawfully, and not as a trespasser as against the rights of any or either of said defendants, or of those under or through whom they claim.

III. That the whole of the land described in the complaint lies within the city and county of San Francisco, and within the limits of what is usually and properly known as and called the Van Ness ordinance.

IV. That all the allegations and averments of the plaintiff's complaint are true, and all the denials and allegations of the defendant's answer are untrue.

As conclusions of law from the foregoing facts, the court now hereby finds and decides:

I. That the plaintiff is the owner in fee simple and entitled to the possession of all the lots, tracts, and parcels of land, as the same are described in his complaint on file herein, as against the defendants all and severally, and all persons claiming or to claim the same, or any part of said land, under them, the said defendants, or either of them, and that neither one of said defendants has any right, title, or interest in or to said land, or any part thereof.

II. That the plaintiff is entitled to a decree, as prayed for in his complaint, to quiet his title to said land, against said defendants, and each of them, and all persons claiming or to claim the same, or any part thereof, under or through the said defendants, or either of them.

III. That the plaintiff is entitled to a judgment for costs, to be taxed herein against only the defendants who have answered herein contesting plaintiff's rights in said premises; and as to the other defendants who have not answered, or who have answered disclaiming, costs are not to be taxed.

And judgment is hereby ordered to be entered accordingly. [DATE.]

[SIGNATURE.]

§ 1192. Findings in an action on a promissory note.

Form No. 395.

[Commencement as in last preceding form.]

FINDINGS OF FACT.

I. That at the time of making the note hereinafter mentioned, the plaintiff, and one C. D. were partners in business, under the firm name of A. B. & Co.

...

II. That on the . . . day of ... 19. ., at.. the defendant made his promissory note in writing, dated on that day, and thereby promised to pay to the plaintiff and C. D., under said firm name, . . dollars, in . . . months after said date.

...

III. That no part thereof has been paid.

...

IV. That on the . . . day of . . ., 19. . at said C. D. died, leaving the plaintiff sole surviving partner of said firm.

CONCLUSIONS OF LAW.

I. That the cause of action against the defendant survived to the plaintiff on the death of C. D.

II. That the defendant is indebted to the plaintiff on said note. for . . . dollars.

Let judgment be entered for the plaintiff in the sum of... dollars, with costs.

[DATE.]

M. N., Judge.

Now comes the plaintiff [or, defendant] herein, and hereby requests the court to make the following findings of facts and conclusions of law in this action:

[Here set forth the separate findings desired, in the same manner as in a finding by the court.]

Now comes the plaintiff [or, defendant] and excepts to the findings of the court heretofore made and filed in this action as follows:

I. He excepts to the first finding of fact therein contained [or, to that part of the first finding of fact therein contained which reads as follows: state the part excepted to].

II. He excepts to [state second separate fact excepted to, and so on].

III. He excepts to said decision because it fails to find [here state any fact omitted which should have been found].

IV. He excepts to the refusal of the court to find the following facts as requested [here set forth any findings requested and refused].

Take notice, that the within [or, the foregoing] is a copy of the decision of Mr. Justice M. N. in this action, tried before him without a jury, and of his findings of fact and conclusions of law herein, and that the same was filed in the office of the clerk of the . . . court of . . . county, on the . . . day of . . ., 19. .

To J. K., . . . Attorney.

G. II., . . . Attorney.