Village of Palmyra v. Wynkoop

Either the record on this appeal is not properly made up, or •the practice has not been in accordance with the requirements of the Code of *63Civil Procedure. The appeal-book contains no decision by the court of the issues of law joined by the demurrer. The requirement of the Code is positive that, “upon a trial by the court of an issue of fact or of law, its decision, in writing, must be filed in the clerk’s office within twenty days after the final adjournment of the term where the issue was tried,” (section 1010;) and, further, “the decision of the court upon the trial of a demurrer must…