Famous Manufacturing Co. v. Gibson

This action was heretofore tried before Mr. Justice Pooley without a jury. The justice filed his formal decision, and about fifteen days thereafter, and before appeal was taken, received from plaintiff’s attorney, and marked, proposed findings of fact under section 1023 of the Code of Civil Procedure. The defendant Brock now moves that said findings thus marked be stricken from the record, he claiming that they were presented and acted upon by the court too late.

Said section 1023 does say in part that “ The attor*5ney for either party may submit, in writing, a statement of the facts, which he…