Winfrey v. Matthews

This action is based on eleven promissory notes. Tbe defense was payment, and a counterclaim, but tbe latter was abandoned. Tbe judgment in the trial court was for the plaintiff.

A jury was waived and the case was submitted to the trial court without any declarations of law being asked or given. We find it impossible to sustain this appeal without violating fundamental rules of law, viz., that where a jury is waived and no declarations given, the court is intrusted with the decision of both law and fact and if any substantial evidence supports the finding on the facts and if any theory of the…