California, United States of America
The following excerpt is from Wincar Welders v. Leebrick, 186 Cal.App.2d 195, 8 Cal.Rptr. 846 (Cal. App. 1960):
This court will not presume (or as appellant states, 'assume') that the trial court erred. Appellant's contention is answered by Oldis v. LaSociete Francaise, 130 Cal.App.2d 461, at page 472, 279 P.2d 184, 191, wherein the court stated:
"No antecedent expression of the judge, whether casual or cast in the form of an opinion, can in any way restrict his absolute power to declare his final conclusion in the only manner authorized by law, to wit, by filing the 'decision' (findings of fact and conclusions of law) provided for by section 632 and 633 of the Code of Civil Procedure.' Scholle v. Finnell, 173 Cal. 372, 376, 159 P. 1179, 1181.
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