Taylor v. Vandenberg

Citations

• 15 S.D. 480
• 90 N.W. 142
• 1902 S.D. LEXIS 39

Syllabus

<p>1. An objection that tbe insufficiency of the evidence to justify the findings, and errors of law, could not be reviewed, for the reason that it did not affirmatively appear from the abstract that specifications of the particulars on which the evidence was claimed to be insufficient, and the particular errors of law relied on, were annexed to or made part of the bill of exceptions, was bad, where respondents did not file an additional abstract denying that such specifications were annexed to the bill of particulars.</p> <p>2. The trial court, in trying a case without a jury, must make findings on every issue raised by- the pleadings; and if it fails to do so, a new trial will be granted, or the case sent back, with directions to find on all the issues.</p> <p>3. It could not be said -that the court, in making certain findings in favor of defendant, necessarily found the allegations of the complaint against the plaintiff, where it was specially requested by plaintiff to make findings on all the omitted issues, and refused to do so.</p>