Turnbull v. Brown

MR. CHIEF JUSTICE ADAIR,

(specially concurring).

On January 12, 1952, the trial judge caused to be filed in the office of the clerk of the trial court, a writing comprising some six typewritten pages indicating the judge’s findings as to the facts and his conclusions as to the law.

While the writing is labeled “Order” yet it serves as the trial court’s findings and conclusions, R. C. M. 1947, secs. 93-5302 and 93-5303, to which exceptions may be taken and filed. See R. C. M. 1947, secs. 93-5305, 93-5306 and 93-5307.

The concluding paragraph of the so-called “order” reads: “The plaintiffs and…