Wagner v. Nagel
Supreme Court of Minnesota
Plaintiff brought this action in the municipal court of St. Paul, to recover for services rendered as a domestic servant in the family of defendant.
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Plaintiff brought this action in the municipal court of St. Paul, to recover for services rendered as a domestic servant in the family of defendant. The complaint alleged that the defendant agreed to pay plaintiff $10 per month, that her services were reasonably worth $10 per month, and that on September 15, 1884, there was due her for such services, $210; and asks judgment for $200. The action was tried by the court without a jury, and a “decision” was filed ordering judgment for plaintiff. Defendant appeals from an order refusing a new trial. The “decision” filed by the court was as…
1Opinion of the Court
Mitchell, J.1
A conclusive reason why this judgment must be reversed, is that there are no findings of fact to support it. The so-called findings are mere statements of evidence. There is no finding upon any issuable fact in the case. There is no finding of any contract, express or implied, between the parties. Certain evidence is stated, from which the court might have found the fact, but he has failed to do it. The findings are the sole authority for the entry of judgment, and constitute the sole basis upon which it must rest. If the findings do not support the judgment, it is unauthorized.
We…
2Cases cited5 opinions
- Plummer v. MoldSupreme Court of Minnesota · 1875
- Drake v. BartonSupreme Court of Minnesota · 1872
- Flynn v. MessengerSupreme Court of Minnesota · 1881
- Grannis v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1872
- Lamberton v. RaymondSupreme Court of Minnesota · 1875
3Cited by27 opinions
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- Bergh v. WarnerSupreme Court of Minnesota · 1891
- Mellon v. FultonSupreme Court of Oklahoma · 1908
- Kinzel v. Boston & Duluth Farm Land Co.Supreme Court of Minnesota · 1914
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
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