Legal Opinion

Kilroy v. Mitchell

Washington Supreme Court

Decided June 2, 1891No. 190PublishedCited by 12 opinions

Appeal from, Superior Court, Pieree Cownty. Suit by X). A. Mitchell against J. B. Kilroy to foreclose a mechanic’s lien, to which the defendant interposed a counter-claim for damages. Judgment for plaintiff, and defendant appeals.

1Opinion of the Court

The opinion of the court was delivered by

Hoyt, J.

— The sole ground upon which it is sought to reverse the judgment entered in this cause in the court below is, that there were no findings of fact and law to support the same. That such findings are necessary in actions at law, when tried by the court without a jury, is clear from our statute, and has become the established law of this state. See Bard v. Kleeb, 1 Wash. 370 (25 Pac. Rep. 467), decided at the last session of this court. We think, however, that such findings, although orderly and proper in cases in equity, are not essential to the…

2Cases cited2 opinions

  1. Bard v. KleebWashington Supreme Court · 1890
  2. Installment Building & Loan Co. v. WentworthWashington Supreme Court · 1890

3Cited by12 opinions

  1. Colvin v. ClarkWashington Supreme Court · 1915
  2. Western Dry Goods Co. v. HamiltonWashington Supreme Court · 1915
  3. Enos v. WilcoxWashington Supreme Court · 1891
  4. Wintermute v. CarnerWashington Supreme Court · 1894
  5. Slayton v. FeltWashington Supreme Court · 1905

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