Zitkov v. Zaleski

Turning first to the errors assigned upon the trial court’s refusal to correct the finding, we find that the finding, so far as it states facts found as distinguished from conclusions, contains twenty-eight paragraphs, and of these the defendant moved to strike out twelve, which latter are those most concerned with the vital issues in the case. Defendant asks for the addition of ten paragraphs or parts of paragraphs. If the motion were granted in full, the result would be a nearly complete reproduction of the defendant’s draft-finding, and of course would not justify the conclusions of the…