2 Wash. 407 | Wash. | 1891
The opinion of the court was delivered by
— The sole ground upon which it is sought to reverse the judgment entered in this cause in the court below is, that there were no findings of fact and law to support the same. That such findings are necessary in actions at law, when tried by the court without a jury, is clear from our statute, and has become the established law of this state. See Bard v. Kleeb, 1 Wash. 370 (25 Pac. Rep. 467), decided at the last session of this court. We think, however, that such findings, although orderly and proper in cases in equity, are not essential to the validity of the judgment. Judgments of law are founded upon general or special verdicts of juries, or findings of the court which take the place thereof. Without such verdicts or findings
Appellant, seeing the force of the reasoning above suggested, sought to show that this action, though commenced as a suit in equity, was, by the action of the defendant in setting up a legal defense by way of counter-claim, transformed into a suit at law. We do not think that this view of the case is warranted. A court of equity, having once obtained jurisdiction of a cause, will retain it until final determination thereof. See Installment, etc., Loan Co. v. Wentworth, 1 Wash. 467 (25 Pac. Rep. 298), decided at last October session. It follows that findings of fact and law were not necessary to the jurisdiction of the court in rendering judgment in this cause, and that the judgment of the court below must be affirmed.