McKay v. Farmers & Stockmens Bank of Clayton

(specially concurring).

I concur.

This is another of many summary judgments in which oral arguments and the court’s comments, if any, were not recorded. Findings of fact or reasons for rendering judgment are absent. Good memorandum briefs were filed. I compliment the attorney who can convince a trial judge of the righteousness of his cause though he is wrong. I also compliment the attorney who can appeal and convince an appellate court of the righteousness of his cause when he is right.

In summary judgment proceedings, the court should request opposing attorneys to submit findings of fact and…