Shroyer v. Campbell
Indiana Court of Appeals
From ITenry Circuit Court; W. O. Barnard, Judge. Suit by Thomas L. Campbell and another against J ames K. Shroyer. From a decree for plaintiffs, defendant appeals.
1Opinion of the CourtRobihsow, J.
Suit by appellees to enjoin and abate a nuisance. When the case was submitted to the court for trial, and before the beginning of the evidence, appellant filed a written request for a special finding of the facts. The court made a general finding, upon which a decree was rendered. .
It is the duty of the court to find the facts specially upon a proper request, but this right to a special finding might be waived by the party after the request is made. And it will be presumed to have been waived where, without any objection made or exception taken, the court makes a general finding and renders…
2Cases cited13 opinions
- In Re LennonSupreme Court of the United States · 1897
- Lynch v. Union Institution for SavingsMassachusetts Supreme Judicial Court · 1893
- Owen v. PhillipsIndiana Supreme Court · 1881
- Wheelock v. . NoonanNew York Court of Appeals · 1888
- Haggart v. StehlinIndiana Supreme Court · 1893
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3Cited by13 opinions
- Yeager and Sullivan, Inc. v. O'NEILLIndiana Court of Appeals · 1975
- Weis v. CoxIndiana Supreme Court · 1933
- Bissell Chilled Plow Works v. South Bend Manufacturing Co.Indiana Court of Appeals · 1916
- Lehman v. City of GoshenIndiana Supreme Court · 1912
- Chicago, Indianapolis & Louisville Railway Co. v. MyersIndiana Court of Appeals · 1914
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