Burbank v. Stevens

The errors of the trial court with regard to its refusal to strike out the paragraphs of the finding which are attacked in the first reason of appeal as being found without evidence, are not apparent. The evidence attached to the finding as exhibits shows that the court had competent evidence to support the facts found. The claim for the substitution of a paragraph as above noted is placed on the ground that it “is supported by the evidence, and said correction is material.” This is not a ground upon which the correction can be made. There should have been an allegation that the finding of…