Tully v. Tully

The plaintiff brought this action to recover damages for the unlawful conversion of personal property by the defendant. A jury trial being waived, the issue was tried to the trial court. The plaintiff prevailed and the defendant appeals.

The defendant assigns error in three particulars: (1) There is no substantial evidence to sustain the judgment; (2) the court erred in not adopting the defendant’s proposed findings of fact; and (3) the judgment is voidable because the trial court failed to make and enter any findings of fact, either special or general.

We consider the defendant’s second…