Speegle v. Leese
MONROE M. SPEEGLE v. JACOB R. LEESE
- Area
- civil
- Panel
- Joseph B. Crockett (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 — Crockett
By the Court, Crockett, J.:
The controlling issue made by the pleadings was upon the question whether the plaintiff or defendant received a majority of the legal votes cast at the election. The court below wholly omitted to find upon this issue, and if the fact be that no evidence on this point was introduced, either by the plaintiff or defendant, this does not excuse the want of a finding. It is the duty of the trial court to find upon all the material issues made by the pleadings, whether evidence be introduced or not, and if there be no finding on a material issue, the judgment cannot be supported.
Judgment reversed, and cause remanded for a new trial.
Mr. Chief Justice Wallace did not express an opinion.
Cited by
- Morrow v. Morrow Civ. 53 · 1962-03-12
- Roncelli v. Fugazi Civ. No. 2959. · 1919-11-12
- Trull v. the Independent Order of Puritans Civ. No. 2733. · 1919-03-28
- Kusel v. Kusel S.F. No. 3340. · 1905-05-27
- Monterey County v. Cushing No. 12335 · 1890-03-31
- Connolly v. Hingley No. 13437 · 1890-01-29
- Bryan v. Tormey No. 11,873 · 1889-05-20
- Leviston v.Ryan No. 9271 · 1888-03-20
- Golson v. Dunlap No. 11512 · 1887-07-30