Davis v. Talbot

The assignment of error in this case *81is upon exceptions to conclusions of law rendered by the trial court upon facts specially found. The record affirmatively discloses that the issues presented to the trial court arose upon three paragraphs of complaint, neither of which, is in the transcript. The transcript recites that the pleadings were lost from the flies, and that the attorney for the defendants, appellants in this court, filed, as a substituted complaint, a document purporting to be a complaint in a single paragraph.

It is manifest that findings of fact and conclusions of law can only…