Clark v. Deutsch

The appellee presents two questions of practice which require attention before considering the other questions in the case.

The first question is settled against him by the cases of Trentman v. Eldridge, 98 Ind. 525, and Western Union Tel. Co. v. Trissal, 98 Ind. 566. These cases decide that where there is a special finding in the record, and the record shows that it was made upon request of one of the parties, the court will presume that the request was properly and seasonably made, unless the record affirmatively shows the contrary.

The special finding in this case is preceded by what appears…