Finding

The result of the deliberations of a jury or a court. 1 Day (Conn.) 238; 2 Day (Conn.) 12. The "findings of fact" of a judge, on which his decision is based,

The result of the deliberations of a jury or a court. Todd v. Potter, 1 Day (Conn.) 238; Denslow v. Moore, 2 Day (Conn.) 12; U. S. V. Moller, 16 Blatchf. 65, Fed. Cas. No. 16,794. The word find or finding does not always imply the same thing in legal proceedings. Where a cause is tried by the court, the finding means the fact which the court considers the evidence establishes, but find, as used in a statute in respect to the truth of a complaint for the revocation of a license, implies that the board is satisfied from the evidence, and the conclusion may be informally expressed. State v. Beloit, 74 Wis. 267, 42 N. W. 110. Under the Act of March 3, 1865, R. S. 8 649, it was provided that issues of fact in civil cases might be tried and determined by the court without the intervention of a Jury upon the filing by the parties of a stipulation in writing waiving a jury, and that the finding of the court upon the facts might be either general or special and should have the same effect as the verdict of the Jury; 1 Comp. Stat. (1901) 525. This provision seems to be undisturbed by the enactment of the Judicial code, and it is omitted from the list of sections of the Revised Statutes repealed by it. The supreme court, in construing the statute above cited, lays down the following principles with respect to findings as being settled (citing a number of cases to each proposition): “1. The facts found by the court below are conclusive; that the bill of exceptions cannot be used to bring up the evidence for a review of these findings; that the only rulings, upon which we are arthorized to pass, are such as might be presented by a bill of exceptions prepared as in actions at law; and that the findings have practically the same effect as the special verdict of a this court will not take notice of a refusal to find the mere incidental facts, which only amount to evidence from which the ultimate fact is to be obtained. 3. If the court below neglects or refuses to make a finding one way or the other, as to the existence of a material fact, which has been established by uncontradicted evidence, or if it finds such a fact when not supported by any evidence whatever, and an exception be taken, the question may be brought up for review in that particular. In the one case, the refusal to find would be equivalent to finding that the fact was Immaterial; and, in the other, that there was some evidence to prove what is found, when in truth there was none. Both of these are questions of law, and proper subjects for review in an appellate court” The City of New York, 147 U. S. 76, 13 Sup. Ct 211, 37 L. Ed. 84. 4.S to the findings of a master, see Masteb IN Chancery. Where a case is tried by a court without a Jury, its findings upon questions of fact are conclusive, in the United States supreme court; Stanley v. Albany County, 121 U. S. 535, 7 Sup. Ct 1234, 30 L. Ed. 1000; Allen v. Bank, 120 U. S. 20, 7 Sup. Ct 460, 30 D Ed. 373. Errors in the findings of fact by the court are not subject to revision if there is any evidence upon which such findings could be made; Hathaway v. Bank, 134 U. S. 494, 10 Sup. Ct 608, 33 L. Ed. 1004. A finding without evidence is arbitrary and useless, and an act of congress authorizing any body to make such finding would be inconsistent with Justice, and an exercise of arbitrary power; Interstate Commerce Commission V. B. Co., 227 U. S. 88, 33 Sup. Ct 185, 57 L. Ed..

A decision upon a question of fact reached as the result of a Judicial examination or investigation by a court, Jury, referee, coroner, etc. Williams v. Giblin, 86 Wis. 648, 57 N. W. 1111; Rhodes v. United States Bank, 66 Fed. 514, 13 C. C. A. 612, 34 In R. A. 742.

— Finding of fact. A determination of a fact by the court, such fact being averred by one party and denied by the other, and the determination being based on the evidence in the case; also the answer of the jury to a specific interrogatory propounded to them as to the existence or non-existence of a fact in issue. Miles v. McCallan, 1 Ariz. 491, 3 Pac. 610; Murphy v. Bennett, 68 Cal. 528, 9 Pac. 738; Morbey v. Railway Co., 116 Iowa, 84, 89 N. W. 105.

— General and special findings. Where issues of fact in a case are submitted to the court by consent of parties to be tried without a jury, the "finding" is the decision of the court as to the disputed facts, and it may be either general or special, the former being a general statement that the facts are in favor of such a party or entitle him to judgment, the latter being a specific setting forth of the ultimate facte established by the evidence and which are determinative of the judgment which must be given. See Rhodes v. United States Nat. Bank, 66 Fed. 514, 13 C. C. A. 612, 34 It. R. A. 742; Searcy County v. Thompson. 66 Fed. 94, 13 C. C. A. 349; Humphreys v. Third Nat. Bank, 75 Fed. 856, 21 C. C. A. 538.

The result of a judicial examination or inquiry, especially

A decision upon a question of fact reached as the result of a judicial examination or investigation by a court, jury, referee, coroner, etc.

In practice. The result of a judicial examination or inquiry; the fiftateraent to a court of such result. This term is most commonly applied to the making up and delivery, by a jury, of their verdict. See Verdict, But Lord Coke applies it to the judgment of the court itself. " There is one finding by the jury and another by the judges, and when the defendant confesses it, <S^., the judges^ne/ sufficient matter before them to give judgment." 11 Co, 30, Fowlter*s case.