Nichols v. Carter
Missouri Court of Appeals
Appeal from the Jolmson Circuit Court. — Hon. Chas. W. Sloan, Judge. The paper purporting to be a finding of facts separate from the conclusions of law wholly fails to comply with the statutes. Bevised Statutes, 1889, section 2135, contemplate that the court shall state its conclusions of law as well as fact. The conclusions of law .are intended to answer the place of instructions to a jury.
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Appeal from the Jolmson Circuit Court. — Hon. Chas. W. Sloan, Judge. The paper purporting to be a finding of facts separate from the conclusions of law wholly fails to comply with the statutes. Bevised Statutes, 1889, section 2135, contemplate that the court shall state its conclusions of law as well as fact. The conclusions of law .are intended to answer the place of instructions to a jury. Railroad v. Johnson, 10 Ohio St. 591, 595; Major v. Major, 2 Kan. 337; Lacy v. Dunn, 5 Kan. 567; Briggs v. Eggan, 17 Kan. 589; Everet v. Lush, 19 Kan. 195; Building Ass’n v. Thompson, 19 Kan. 321;…
1Opinion of the CourtEllison, J.
This action is based on a contract whereby plaintiff undertook to effect a compromise of certain litigation then pending in the circuit court of . Henry county. The trial was before the court, without a jury, resulting in a judgment for defendant. The principal point made by plaintiff is with reference to the finding of the facts and the conclusions of law therefrom, as determined by the court. The statute on this subject was adopted in Acts, 1849, page 90. It was dropped out of the revision of 1855 and revived in 1889. The act of 1849 read as follows:
“ Sec. 2. Upon a trial of a question of…
2Cases cited10 opinions
- Griffith v. Kansas City Material & Construction Co.Missouri Court of Appeals · 1891
- Major v. MajorSupreme Court of Kansas · 1864
- St. Louis Hospital Ass'n v. Williams' AdministratorSupreme Court of Missouri · 1854
- Atchison, Topeka & Santa Fé Railroad v. FerrySupreme Court of Kansas · 1882
- Bates v. BowerSupreme Court of Missouri · 1853
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