152 P. 1178 | Utah | 1915
The plaintiff, in his complaint, alleged that there was a balance dne him from the defendant on three certain promissory-notes. The defendant, in his answer, admitted the execution and delivery of the notes sued on, and averred payment thereof. The case was tried in Salt Lake county by Hon. Justin D. Call, judge of thé First judicial district, he having been requested to do so under our statute by one of the district judges of Salt Lake county. At the conclusion of the evidence the court found that the notes were paid as alleged in the answer, and ordered judgment for the defendant, and the plaintiff appeals.
Plaintiff’s counsel contends: (1) That the evidence does not sustain the court’s finding; (2) that it appears that the court signed the findings of fact and conclusions of law outside of the judicial district where the case was tried, that the judge was without power to do so, and that, therefore, his act in that regard is a nullity; (3) that the court erred in requiring plaintiff to prove nonpayment of the notes; and (4) that the findings are vague and uncertain.
In view of the foregoing conclusions it is not necessary and perhaps would not be proper, for us to pass upon the question of whether, under our statute, findings of fact and conclusions of law may be signed by the judge outside of the district in which the case is tried. Upon that question, therefore, we express no opinion.
There is no merit to the contention that the findings of fact are vague and uncertain.
The judgment is therefore affirmed, with costs to respondent.