L. & M. Investment Co. v. Cutler

Since no special findings were made by the Court of Appeals, or bill of exceptions taken, all the controverted issues of fact contained in the pleadings are deemed to have been determined in favor of the defendant in that court. Among other issues thus determined in his favor are that the intended use of the remodeled building was for sanitarium purposes and that “unnecessary hardships” would result to the applicant “in the way of carrying out the. strict letter” of the ordinance requiring a thirty-foot setback. Furthermore, in view of the finding of the Court of Appeals, we must presume that…