20 Or. 535 | Or. | 1891
— There is no bill of exceptions in this case, and therefore the main questions argued upon the trial we are not permitted to examine because the same are not presented by the record. The only question that is presented by the judgment roll is the sufficiency of the findings of fact to support the judgment. The findings of fact are as follows: “The court now finds that the allegations of the complaint are not sustained; that said drainage district is not legally organized; that said alleged tax has not been legally levied, and as conclusions of law the court finds that the defendant is entitled to judgment against the plaintiff,” etc. Section 219, Hill’s Code, provides: “Upon the trial of an issue of fact by the court, its decision shall be given in writing and filed with the clerk during the term or within twenty days thereafter. The decision shall state the facts found and the conclusion of law separately without argument or reason therefor.” * * * And section 220 says such findings shall be deemed a verdict. The object of this statute was to enable the parties to have placed upon the record the
The findings in this case do not in any particular conform to the requirements of the Code, and leave us no alternative but to reverse the judgment and award a new trial.