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· 10/13/1902

Hoyt v. Kingston Coal Co.

Citations

  • 203 Pa. 509
  • 53 A. 348
  • 1902 Pa. LEXIS 751

Syllabus

<p>Equity — Equity practice — Findings of fact and conclusions of law.</p> <p>Where counsel present requests for findings of fact and for conclusions of law, the judge is bound to answer each by adopting, affirming, qualifying or denying it. It is not sufficient that such requests may be substantially answered by the judge’s own independent findings, if he does not indicate in connection with each request itself what he regards as his answer, to be found in his own independent findings.</p> <p>If a decree be made without answering requests for findings of fact and law, such decree will be vacated and set aside by the appellate court, and the record remitted with direction that the requests for findings of fact and law be answered, and that after the requests so presented and answered have become a part of the record in the case, the decree be made.</p>

Judges: Brown, Dean, Fell, McCollum, Mestrezat, Mitchell, Potter

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