Blumenthal v. Asay
| Decision Date | 10 February 1877 |
| Citation | 24 P. 1056,3 Utah 507 |
| Court | Utah Supreme Court |
| Parties | BLUMENTHAL v. ASAY |
APPEAL from the second district court. The opinion states the facts.
Reversed and remanded.
Presly Denny, for the appellant.
W. C. Hall, for the respondent.
No briefs on file.
A jury having been waived, the case was tried by the court, but the court failed to file any findings as required by section 180 of the practice act. This is assigned as error. The record in this case affirmatively shows that no findings were filed.
When a jury is waived, and a cause is tried by the judge alone, the record must disclose a finding by him of the facts and a statement of his conclusions of law. If this is not done, there is nothing to support the judgment, and it will be reversed on appeal.
Other points in the case are not brought into the record by a statement on appeal, and are therefore not considered by the court.
The judgment of the court below is reversed and the case remanded for a new trial, the appellant to recover the costs on this appeal.
To continue reading
Request your trial
-
Mitchell v. Jensen
...findings. (Sec. 3169, Rev. Stats. Utah 1898; Kahn v. Central Smelting Co., 2 Utah 371; Reich v. Rebellion S. M. Co., 3 Utah 254; Blumenthal v. Asay, 3 Utah 507; Walley v. Nat. Bank, 14 Utah 305; Maynard v. Locomotive Eng. Mut. Life Ins. Co., 14 Utah 458.) There were only three incorporators......
-
Ins. Co. of N. Am. v. Taylor
...et al., 41 Ind. 288; Minnich v. Darling, 8 Ind. App. 539, 36 N.E. 173; Potwin v. Blasher et al., 9 Wash. 460, 37 P. 710; Blumenthal v. Asay, 3 Utah 507, 24 P. 1056; Hicklin v. McClear, 18 Ore. 126, 22 P. 1057; Wiley v. Shars, 21 Neb. 712, 33 N.W. 418; Callaghan v. Grenet's Estate, 66 Tex. 2......
-
Myers v. East Bench Irr. Co.
...(Mitchell v. Jensen et al., 29 Utah 346; Kahn v. Central Smelting Co., 2 Utah 371; Reich v. Rebellion S. M. Co., 3 Utah 254; Blumenthal v. Asay, 3 Utah 507; Walley v. Bank, 14 Utah 305; Maynard Insurance Co., 14 Utah 458; sec. 3169, Rev. Stat. Utah 1898.) W. P. Sargent for respondent. STRAU......
-
Openshaw v. Young, Sheriff
...is to appeal to this court. Such was the procedure followed in Reich v. Rebellion S. M. Co., 3 Utah 254, 2 P. 703. See also Blumenthal v. Asay, 3 Utah 507, 24 P. 1056; Flynn v. Flynn, 171 Cal. 746, 154 P. McKeon v. McDermott, 22 Cal. 667, 83 Am. Dec. 86; White v. Citizens Nat. Trust & Sav. ......