Briggs v. Eggan

The opinion of the court was delivered by

Valentine, J.:

This was an action on a written guaranty for the payment of a certain promissory note. The action was commenced and first tried in a justice’s court. It was then taken on appeal to the district court, where it was again tried. This second trial was before the court alone, a jury having been waived. After all the evidence was introduced on the trial, but. before any finding was made by the court, the defendants below (plaintiffs in error) requested the court to state in writing its conclusions of fact found, separately from its conclusions…