Standley v. Flint

Decision Date16 February 1905
Citation79 P. 815,10 Idaho 629
PartiesSTANDLEY v. FLINT
CourtIdaho Supreme Court

ISSUES-FINDINGS OF FACT.

1. Where the court omits to find on all of the material issues the judgment must be reversed.

(Syllabus by the court.)

APPEAL from the District Court of Bannock County. Honorable Alfred Budge, Judge.

Action to set aside certain conveyances. Judgment for plaintiff. Reversed.

Reversed and remanded. Costs awarded to appellants.

Thomas Maloney, for Appellant.

It will be seen on inspection of the pleadings in this record that the trial court wholly failed to make findings of fact on all the issues raised in the pleadings. The universal rule is that there must be a finding on every material issue raised in the pleadings. Each fact averred should be directly and distinctly found. (Pratalongo v. Larco, 47 Cal. 378; Coglan v. Beard, 65 Cal. 58-62, 2 P. 737; Coveny v. Hale, 49 Cal. 552; Walker v. Brem, 67 Cal 600, 8 P. 320.) A judgment will be reversed for defective or improper findings. (Gould v. Stafford, 77 Cal. 66 18 P. 879.) Failure to find on affirmative defenses on which evidence has been submitted is cause for reversal. (Christy v. Water Works, 84 Cal. 541, 24 P. 307.) If the court omits to find on a material issue, the judgment cannot be supported. (Traverso v. Tate, 82 Cal. 170, 22 P. 1082; Smith v. Mohn, 87 Cal. 489, 25 P. 696; Wilson v. Wilson, 6 Idaho 597, 57 P. 708; Broadbent v. Brumback, 2 Idaho 366, 16 P. 555; Bowman v. Ayers, 2 Idaho (282), 305, 13 P. 346.)

S. C. Winters, for Respondent, cites no authorities on the point decided.

SULLIVAN, J. Stockslager, C. J., and Ailshie, J., concur.

OPINION

SULLIVAN, J.

This action was brought for the purpose of setting aside a certain deed and bills of sale executed by the respondent to the appellant, Mrs. Ruth Flint. It is alleged by the respondent that said conveyances and bills of sale were given by him to said appellant, with the agreement and understanding that said appellant was to pay certain debts of respondent, which debts were set forth in an exhibit attached to the complaint; that appellant had failed and refused to pay said debts or any part thereof, and a cancellation of said conveyances was prayed for, and also the appointment of a receiver and for an accounting from said appellant for all property so intrusted to her and the profits arising therefrom. The action was tried by the court without a jury and certain findings of fact, conclusions of law and what is denominated in the record a judgment, was entered in favor of the respondent. Among others, the following facts appear from the record: That on or about the twenty-first day of November, 1901, the respondent was the owner in the possession of several town lots situated in the city of Pocatello, with improvements thereon, and was also the owner and in the possession of a stock of plumbing goods, and was conducting a plumbing business, and also was the owner of and conducting a laundry business. The said respondent was the son in law of said appellant, and, being in debt about $ 1,200 to divers parties, which debts were unsecured, it is alleged that he turned said town lots and plumbing goods and business and laundry and said laundry business, by conveyance and bills of sale, over to the appellant for the purpose aforesaid. The appellant by her answer denied the allegation of the complaint that said real estate, plumbing and laundry business was turned over to her as alleged in the complaint, and averred that she had bought the same outright. The first finding of fact made by the court is to the effect that respondent was the owner and in the possession of the town lots above referred to. And the second finding is to the effect that he was the owner and in possession of the stock of plumbing goods mentioned in the complaint; and the third finding is as follows:

"That on or about said date the plaintiff and his wife, Josephine Standley, made, executed and delivered to the defendant, Ruth Flint, the deed attached to the complaint and bill of sale for said stock of plumbing goods as attached to the complaint. That there was no consideration passed between plaintiff and defendant (and that said transfer was made for the sole purpose of hindering, delaying and defrauding the creditors of the plaintiff, James A. Standley, and that the defendant, Flint, was a party thereto), and that at that time the plaintiff was indebted to numerous creditors in about $ 1,200 over and above the mortgages of record on the said real estate, and that the said indebtedness still exists."

The fourth finding is that the whole of said property is now in the hands of a receiver appointed by the court. The fifth finding is that the defendants were husband and wife and the parents of the wife of the plaintiff, and that said property was transferred to them on account of such fiduciary relation, and the conclusion of law drawn from said facts is that the whole of said property should be sold by said receiver at public auction, and the proceeds of the sale applied, under the order of the court, to the payment of the debts and liabilities of the respondent in order of priority of liens, and the unsecured debts to be paid pro rata, and that after all said liabilities are paid, the balance remaining, if any, shall be held by the receiver until the further order of the court. Excluding...

To continue reading

Request your trial
31 cases
  • Nohrnberg v. Boley
    • United States
    • United States State Supreme Court of Idaho
    • June 1, 1925
    ...... all of the material issues is ground for reversal. ( Wood. v. Broderson, 12 Idaho 190, 85 P. 490; Standley v. Flint, 10 Idaho 629, 79 P. 815; First Nat. Bank v. Williams, 2 Idaho 670, 23 P. 552; Carson v. Thews, 2 Idaho 176, 9 P. 605.). . . ......
  • Guthrie v. Ensign
    • United States
    • United States State Supreme Court of Idaho
    • February 23, 1923
    ...33 Idaho 96, 190 P. 248; American Min. Co. v. Trask, 28 Idaho 642, 156 P. 1136; Carson v. Thews, 2 Idaho 176, 9 P. 605; Standley v. Flint, 10 Idaho 629, 79 P. 815; v. Broderson, 12 Idaho 190, 85 P. 490; State v. Baird, 13 Idaho 126, 89 P. 298; Berlin M. Works v. Dehlbom Lbr. Co., 29 Idaho 4......
  • State v. Baird
    • United States
    • United States State Supreme Court of Idaho
    • February 7, 1907
    ...will be reversed, unless a finding upon such issues would not affect the judgment entered; and to the same effect is Standley v. Flint, 10 Idaho 629, 79 P. 815. It also contended by appellants' counsel that the court failed to find whether the alleged alterations in said bond were made, and......
  • Bowers v. Cottrell
    • United States
    • United States State Supreme Court of Idaho
    • June 29, 1908
    ......( Wood v. Broderson, . 12 Idaho 190, 85 P. 490; Dillon Imp. Co. v. Cleaveland, 32 Utah 1, 88 P. 670; Stanley v. Flint, 10 Idaho 629, 79 P. 815; Carson v. Thews, 2 Idaho 176, 9 P. 605; Bowman v. Ayers, . 2 Idaho 305, 13 P. 346; Tage v. Alberts, 2 Idaho. 271, ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT