Semple v. Burkey
CHARLES D. SEMPLE v. O. C. BURKEY, WASHINGTON SEAWELL, THOMAS J. HENLEY, and S. C. HASTINGS
- Area
- civil
- Panel
- Solomon Heydenfeldt (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydenfeldt
Heydenfeldt, Justice.
This record discloses the trial by the Court of a motion involving an issue of fact.
The judgment recites, “ by consent of parties the motion is overruled without prejudice to either party on appeal.”
This judgment is pro forma, but it is unaccompanied by any agreed statement of facts, and there is no finding by the Court.
In Russel v. Almador, we decided that without such finding the judgment cannot stand. The agreed statement of facts can be the only substitute for it.
The judgment is reversed, and cause remanded for a new trial.
Cited by
- Waller v. Weston S. F. No. 1568 · 1899-06-22