Hawk v. Chicago, Burlington & Northern Railroad

Citations

• 138 Ill. 37
• 27 N.E. 450

Syllabus

<p>1. Appeal—from Appellate Court—finding of facts—recital in final judgment—when necessary—what sufficient. Where the final judgment or determination of the Appellate Court is the result, wholly or in part, of the finding of the facts different from the trial court, it is the duty of the Appellate Court to recite in its final judgment its finding in respect of every controverted fact, material to the maintenance of its judgment, which it may find differently from the trial court, and a failure to so recite the finding is error.</p> <p>2. While the judgment of the Appellate Court is conclusive as to all controverted questions of fact arising in the cause, its action is subject to review, and its records must be so made as fairly to present the ultimate facts arising upon and controlling the several issues presented by the pleadings, and upon which the judgment of the trial court was based.</p> <p>3. The opinion of the Appellate Court giving its reasons for its judgment is in no sense a compliance with the statute requiring that court to recite in its order or judgment its finding of facts.</p> <p>4. Where there isa recital of the facts controlling some of the issues,0 and no recital of facts as to other issues, it may be presumed that the Appellate Court found in respect of the latter as did the trial court.</p>