State ex rel. Heller v. Lawler

Tbe practice adopted in this case cannot oe approved. Tbe return seems to have been regarded as an answer to tbe petition instead of a response to tbe commands of tbe writ. Findings of fact were filed, following substantially tbe allegations of tbe petition, upon tbe theory that, not being denied by tbe return, they were admitted and to be considered as true in deciding tbe matter presented upon tbe merits. Findings of facts were not required. Tbe cause having been submitted for decision on tbe merits, tbe sole question was whether tbe facts set forth in the return, excluding therefrom all…