Leigh v. Wasey

In my opinion the cause should be remitted to the Special Term for decision of the questions which the trial justice failed to decide.

The appeal is from an interlocutory judgment which leaves undetermined almost all the issues tendered by the pleadings. These the justice at Special Term declined to decide for the reason, as stated in his opinion, that he felt "unable to do so on the record before him. That, however, was no sufficient reason for failing to decide the case. (Stokes v. Stokes, 87 Hun, 152; O’Brien v. Bowes, 17 N. Y. Super. Ct. 657.) The court failed to make findings of fact on…