Cleator v. Daniels

Full title: DANIEL E. CLEATOR et al., Appellants, v. RUSSELL DANIELS et al.…

Court: The Supreme Court of Washington. Department One

Date published: Feb 28, 1946

166 P.2d 461 (Wash. 1946)

166 P.2d 461

24 Wash. 2d 542

Opinion

No. 29701.

February 28, 1946.

TRIAL — FINDINGS OF FACT — DUTY TO MAKE. In all actions at law, it is necessary for the trial court to make findings of fact and conclusions of law.

APPEAL AND ERROR — DISPOSITION OF CAUSE — REMAND FOR FINDINGS. On appeal in an action at law, where no findings of fact or conclusions of law were made by the trial court, the case will be remanded so that findings and conclusions may be made and entered.

COSTS — ON APPEAL — To ABIDE EVENT. Where a judgment was reversed and remanded to the trial court with instructions to cause findings and conclusions to be prepared and to enter judgment thereon from which either party may appeal, costs upon the first appeal will abide the final determination of the action.

See 53 Am. Jur. 786.

See 3 Am. Jur. 660.

Appeal from a judgment of the superior court for Grays Harbor county, Phillips, J., entered May 11, 1945, dismissing an action to recover real property, tried to the court. Reversed.

John L. Miller, for appellants.

O.M. Nelson, for respondents.

SIMPSON, J.

Plaintiffs brought action in this case to recover possession of real property. The complaint alleged ownership in plaintiffs and unlawful entry by defendants. In their answer, defendants denied the charges made in complaint. The answer also set out claims of succession of ownership, agreements as to the boundary lines, and possession for a period in excess of ten years. In their reply, plaintiffs denied the affirmative allegations contained in the answer. The cause was tried to the court. At the conclusion of the trial, judgment was entered dismissing the action. No findings of fact or conclusions of law were made. The action was one at law concerning the possession of real property. [1, 2] In all actions at law, it is necessary for the court to make findings of fact and conclusions of law. If the court does not comply with this rule, the case must be remanded so that findings and conclusions can be made and entered. Buob v. Feenaughty Machinery Co., 199 Wn. 256, 90 P.2d 1024.

[3] The judgment will be reversed and remanded to the court from whence it came, with instructions to the trial judge to cause findings and conclusions to be prepared, and to enter judgment thereon from which either party may appeal. The costs upon this appeal will abide the final determination of this action.

DRIVER, C.J., MILLARD, STEINERT, and MALLERY, JJ., concur.