Legal Opinion · Concurrence

Rapp v. Ellis

Washington Supreme Court

Decided September 28, 1942No. 28568Published

1ConcurrenceSimpson, J.

(concurring in the result) — Findings of fact and conclusions of law are not- required in cases of equitable (’cognizance. ■ Equitable cases are heard de novo, in this court. To hear a case de novo is to try it again-, another time, or try it over, A case is tried de novo in this court by an examination of the record made in the superior court, and this court must have the statement of facts before it in order to decide upon the facts presented.

In- the early'.decision of Enos v. Wilcox, 3 Wash. 44, 28 Pac. 364, this- court adopted a rule to apply to cases in. equity where the record contained…

2Cases cited4 opinions

  1. Enos v. WilcoxWashington Supreme Court · 1891
  2. Kilroy v. MitchellWashington Supreme Court · 1891
  3. State Ex Rel. Northeast Transportation Co. v. Superior CourtWashington Supreme Court · 1938
  4. O'Neal Land Co. v. JudgeWashington Supreme Court · 1938

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