Tryon v. Smith

Supreme Court of Connecticut

Tryon v. Smith

151 A. 192, 111 Conn. 733, 1930 Conn. LEXIS 197

CourtSupreme Court of Connecticut

DecidedJuly 9, 1930

StatusPublished

Cited by2 cases

This text of 151 A. 192 (Tryon v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tryon v. Smith, 151 A. 192, 111 Conn. 733, 1930 Conn. LEXIS 197 (Colo. 1930).

Pincite

Opinion

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.

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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.

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Bluebook (online)

151 A. 192, 111 Conn. 733, 1930 Conn. LEXIS 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tryon-v-smith-conn-1930.

Opinion

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