Blumenthal v. Asay
Cases that cite this one
2 later published cases cite this decision.
- Openshaw v. Young (Utah 1944)
- Insurance Co. of North America v. Taylor (Okla. 1912)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
A jury having been waived, the case was tried by the court, but the court failed to file any findings as required by section 180 of the practice act. This is assigned as error. The record in this case affirmatively shows that no findings were filed.
When a jury is waived, and a cause is tried by the judge alone, the record must disclose a finding by him of the facts and a statement of his conclusions of law. If this is not done, there is nothing to support the judgment, and it will be reversed on appeal.
Other points in the ease are not brought into the record by a statement on appeal, and are therefore not considered by the court.
The judgment of the court below is reversed and the case remanded for a new trial, the appellant to recover the costs on this appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.