Fitzsimmons v. Robb

Citations

• 173 Pa. 645
• 34 A. 233
• 1896 Pa. LEXIS 756

Syllabus

<p>Equity — Equity practice — Findings of fact — Review.</p> <p>Under the new equity rules where a'ease in equity is tried by the court, it is the duty of the court to set forth the findings of fact and conclusions of law in such detail as to relieve the Supreme Court from finding the facts for itself and drawing its own conclusions, as well as to give the parties an opportunity to except to the findings of fact on which the decree may be partly, if not wholly predicated.</p> <p>An equity ease was tried by the court and testimony taken covering seventy-five printed pages. The court filed the following as its findings of fact, conclusions of law and decree: “ And now, July 6, 1895, the court makes the following finding, viz: That the evidence does not show that the plaintiff is entitled to the relief prayed for in his bill, to wit, to an account. The bill is dismissed at the costs of the plaintiff.” Meld (1) that there was no sufficient findings of fact; (2) that the finding that the plaintiff was not entitled to an account was a conclusion of law rather than a finding of fact • (8) that the record was not in proper condition for review in the Supreme Court, and should therefore be sent back for an adequate statement of the findings of fact upon which the decree was based.</p>