Edington v. Alba

NOBLE, Justice.

Appellant (plaintiff) has appealed from a money judgment in his favor but for less than was claimed.

Judgment was entered November 9, 1962 following trial of the issues on November 16, 1960. Neither party tendered requested findings nor conclusions during the nearly two years after trial and prior to entry of judgment, nor were separate findings or conclusions made by the trial court. The court’s failure to separately find the facts upon all material issues forms the basis of appellant’s appeal. He urges an interpretation of Rule 52(B) (§ 21-1-1-(52) (B), N.M.S.A.1953) which…