116 Wis. 74 | Wis. | 1902
Our only serious doubt in this case has been as to the effect to be given the so-called finding of facts to the effect merely “that plaintiff wholly failed to substantiate his allegations by a preponderance of evidence.” This is in no fair sense a performance by the trial judge of his duty enjoined by sec. 2863, Stats. 1898, that he shall, in his decision, state the facts found by him. The fault is not, as urged by appellant, that the finding in question only states an opinion or conclusion, for that is the true function of the trial court, .namely, to state, not the evidentiary facts, but his conclusion therefrom upon the ultimate issuable facts tried before him. 'This finding, however, standing alone, fails to declare the issuable facts upon which such conclusion is announced. It •cannot be taken generally, for some of plaintiff’s allegations were established beyond controversy, — such as that the moneys in question were loaned, and that such moneys, or part of them, were used by defendant to pay off his mortgage to the insurance company. If, then, the finding is not to be taken as true according to its words, how far does it indicate action of the judicial mind? Such question ought never to -confront either a defeated litigant or the appellate court. Eeing presented, however, we must try to answer it, so far as we can do so with reasonable certainty, to- the end that the judgment be not reversed unless error affirmatively appear. It must, of course, be assumed that the trial judge intended to declare his conclusion upon some, at least, of the material .issues of fact; and we find that in a sort of preamble he de
By the Court. — Judgment affirmed.
