Cleveland Produce Co. v. Dennert

Citations

• 104 Ohio St. (N.S.) 149

Syllabus

<p>Findings of fact — Trial by court — Section lllftO, General Code— Special written interrogatories by party — Duty of court to answer same — Failure constitutes reversible error.</p> <p>The provisions of Section 11470, General Code, confer a substantial right and are mandatory, and where questions of fact are tried by the court without the intervention of a jury, and one of the parties with a view of excepting to the court’s decision upon questions of law involved in the trial requests a separate written statement of the conclusions of fact, and as an aid to the court submits special written interrogatories for such purpose, it is the duty of the court as a part of its judgment to make answer to all interrogatories involving the ultimate facts of the controversy, and t'o all involving probative facts from which the ultimate facts can be inferred as a matter of law, and its failure to do so is reversible error.</p>