Kahn v. Central Smelting Co.
Utah Supreme Court
Appeal from the Third Judicial District Court. The case was submitted on November 17, 1877, and on November 21, 1877, the court filed its findings of fact and conclusions of law, and on the same day the judge rendered a written opinion in the case. On the 5th day of December, 1877, at the request of plaintiff, and after the judgment had been entered upon the former finding, the court caused other findings to be filed in the cause.
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Appeal from the Third Judicial District Court. The case was submitted on November 17, 1877, and on November 21, 1877, the court filed its findings of fact and conclusions of law, and on the same day the judge rendered a written opinion in the case. On the 5th day of December, 1877, at the request of plaintiff, and after the judgment had been entered upon the former finding, the court caused other findings to be filed in the cause. Both sets of findings were incorporated in the trancript on the appeal, which is on the judgment roll alone. At the January term, 1878, when the ease was called for…
1Dissent
BoRbmaN, J.,
delivered the following dissenting opinion:
The decision of this cause, on the final submission, turns upon the question as to whether there were any or sufficient findings of fact.
There were two alleged findings of fact, one in reference to partnership, and the other in reference to co-tenancy; but the controversy now is in regard to the first. Yery little, if any, reliance seems to be placed on the other by respondents, and in the majority opinion of the court, it is not noticed. And it certainly was not the finding of any fact, but merely a legal inference. It did not say that a…
2Cases cited8 opinions
- Hidden v. JordanCalifornia Supreme Court · 1865
- Tewksbury v. MagraffCalifornia Supreme Court · 1867
- Pico v. CuyasCalifornia Supreme Court · 1873
- Jenkins v. FrinkCalifornia Supreme Court · 1866
- Breeze v. DoyleCalifornia Supreme Court · 1861
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