Parker v. Beagle

Idaho Supreme Court

Parker v. Beagle

40 P. 61, 4 Idaho 453, 1895 Ida. LEXIS 42

CourtIdaho Supreme Court

DecidedApril 6, 1895

StatusPublished

Cited by2 cases

This text of 40 P. 61 (Parker v. Beagle) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Parker v. Beagle, 40 P. 61, 4 Idaho 453, 1895 Ida. LEXIS 42 (Idaho 1895).

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Opinion

SULLIVAN, J.

This action was brought to foreclose a mortgage. The appeal is from the judgment presented on the judgment-roll. The error assigned is: “The court erred in giving its decision, and not making findings of fact as well as conclusions of law, and stating them separately.” The record contains no findings of facts or conclusions of law, separately stated, and none whatever, except those contained in the decree and judgment. Section 4408 of the Revised Statutes provides that findings of fact may be waived, and, as the record does not show affirmatively that findings of fact were not [454]*454waived, the presumption is that they were. If they were not waived, that fact must affirmatively appear in the record. (Squier v. Lowenburg, 1 Idaho, 785 ; Toulouse v. Burkett, 2 Idaho, 288, 13 Pac. 172.) Error will not be presumed, but must appear affirmatively from the record. The-judgment of the court below is affirmed, with costs of this appeal in favor of respondent.

Morgan, C. J., and Huston, J., concur.

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SULLIVAN, J.

This action was brought to foreclose a mortgage. The appeal is from the judgment presented on the judgment-roll. The error assigned is: “The court erred in giving its decision, and not making findings of fact as well as conclusions of law, and stating them separately.” The record contains no findings of facts or conclusions of law, separately stated, and none whatever, except those contained in the decree and judgment. Section 4408 of the Revised Statutes provides that findings of fact may be waived, and, as the record does not show affirmatively that findings of fact were not [454]*454waived, the presumption is that they were. If they were not waived, that fact must affirmatively appear in the record. (Squier v. Lowenburg, 1 Idaho, 785 ; Toulouse v. Burkett, 2 Idaho, 288, 13 Pac. 172.) Error will not be presumed, but must appear affirmatively from the record. The-judgment of the court below is affirmed, with costs of this appeal in favor of respondent.

Morgan, C. J., and Huston, J., concur.

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Bluebook (online)

40 P. 61, 4 Idaho 453, 1895 Ida. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-beagle-idaho-1895.

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