Tryon v. Smith

Supreme Court of Connecticut
Tryon v. Smith, 151 A. 192 (Conn. 1930)
111 Conn. 733; 1930 Conn. LEXIS 197
Banks, Haines, Hinman, Maltete, Wheeler

Tryon v. Smith

Opinion of the Court

Per Curiam.

This appeal furnishes an illustration of the inability of this court, although upon the evidence a judgment for the plaintiffs could reasonably have been reached, to add a fact to a finding unless it is a material fact which was an admitted or undisputed fact, or strike out a finding of fact unless it is a material fact which was found without evidence. Practice Book, p. 309, § 11.

The evidence was conflicting. We cannot hold that the trial court has found or failed to find material facts in violation of § 11 of the Practice Book to which we have referred.

There is no error.

Reference

Full Case Name
Mrs. H. E. Tryon vs. Dudley E. Smith; Regina Hines vs. Dudley E. Smith
Cited By
2 cases
Status
Published