Dougherty v. Ward
Dougherty v. Ward
Opinion of the Court
Plaintiff appeals; and the only point made by him is, that the findings do not support the judgment, because, as appellant contends, the court finds as a conclusion of law “ that plaintiff is entitled to' judgment,” while judgment is rendered for defendants.
The judgment is affirmed, with one hundred dollars damages; and the superior court is directed to include that sum of money in the judgment, in addition to other costs.
De Haven, J., and Sharpstein, J., concurred.
Reference
- Full Case Name
- JOHN DOUGHERTY v. HUBERT WARD
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Construction or Findings — Frivolous Appeal — Damages.— A finding “ that plaintiff is entitled to judgment that plaintiff take nothing by this action,” but that defendants “have judgment against plaintiff for their costs herein,” clearly expresses the meaning that plaintiff should take nothing, and that defendants should have judgment against him; and where the only point made on appeal is that the findings do not support the judgment, because the court finds as a conclusion of law “ that plaintiff is entitled to judgment,” while judgment is rendered for the defendants, the judgment will be affirmed, with damages.