Merchants National Bank v. McKinney

Citations

• 4 S.D. 226
• 55 N.W. 929
• 1893 S.D. LEXIS 53

Syllabus

<p>1. Where the pleadings in a ease present several issues of fact, and the referee, to whom the case is referred, returns findings, omitting to make any finding upon one or more of such issues, and the parties suffer the referee’s report to be made the basis of judgment by the court without any suggestion to the court, or objection, that all the issues are not reported upon, and judgment is entered which is consistent with and supported by, the findings returned, such judgment will not be reversed on account of such neglected issues unless the appellant shows to this court that evidence was offered upon one or more of such issues, and that such evidence would have supported a finding which would countervail the findings actually made, and thus have required a different judgment to be entered.</p> <p>2. An appellant cannot complain in this court that no finding was returned upon an issue, when the record presented shows that such finding, if made, must have been against him.'</p> <p>(Syllabus by the Court.</p>