Smith v. . Whitten

Facts are found to support a judgment at the time of rendering it, not to explain or justify it afterwards. Where the parties waive the right of trial by jury and agree to submit all issues to the Judge or to referees, the statutes provide that the conclusions of fact as well as of law shall be set forth fully, in order that they may constitute the basis of the judgment. But when the duty devolves (391) upon the Judge of deciding a question as distinguished from an issue of fact, there is no such statutory requirement. The rule of practice applicable to the various classes of cases in which a…