Trentman v. Eldridge

Counsel for appellees are right in asserting that a finding, though in form a special one, is nothing more than a general finding unless the record shows that it was made at the request of some one of the parties to the action. Cruzan v. Smith, 41 Ind. 288; Kyser v. Wells, 60 Ind. 261; Barkley v. Tapp, 87 Ind. 25. But we think they make a wrong application of the rule. Where the judge who makes and signs the finding states in it that, a jury being waived, the defendants and the plaintiff “ thereupon each request the court to find the facts specially and to state his conclusions of law…