Stiner v. Powells Valley Hardware Co.

This is a suit upon a note, involving primarily questions of fact. The decree does not contain a findings of fact, but merely recites that the chancellor finds the issues in favor of defendant and dismisses the bill.

The Court of Appeals affirmed the decree of the chancellor without considering the cause upon its merits, for the reason that the findings of fact by the chancellor were not incorporated into and made a part of the record, as provided by law. Complainant insists that the involved statutes are directory only, while defendant contends that they are mandatory. They are as follows:

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