People ex rel. Birmingham v. Grout

Upon a trial of the issues of fact raised by the return to an alternative writ of mandamus at Trial Term, Part II, before me, a jury was waived. No formal stipulation was entered upon the record. Upon the trial decision was reserved and subsequently elaborate briefs upon the facts and upon the law were submitted. An opinion was handed down resolving the questions of fact and law in relator’s favor — no question up to this time having been raised— it being assumed that the law was before me for consideration as well as the facts. Findings of fact and conclusions of law are submitted to me for…