In any action for legal relief, when the parties join in an issue of fact and the action is tried to the court, the judge of the court may hear and try the issue without a jury, award damages and costs, and grant execution, in the same manner and on the same principles as in a trial by jury. In any trial to a court, except a trial at a small claims session, the court shall find, upon written motion of either party made within fourteen days after the entry of judgment, the facts upon which its judgment is founded, and make the finding a part of the record.

(1949 Rev., S. 7975; 1959, P.A. 28, S. 176; 1963, P.A. 8; P.A. 82-160, S. 112.)

History: 1959 act deleted reference to trial before justice of the peace; 1963 act required motion re finding of facts be written and made within 14 days after judgment and excepted trial at small claims session from same provision; P.A. 82-160 rephrased the section.

Judgment must answer the issue. 5 D. 47. Issue closed to the county court may be tried to jury, on appeal to Superior Court. 4 D. 448. A proceeding by mandamus falls within the provision de finding. 41 C. 137. Finding presumptively contains all the facts. 51 C. 399. Facts must be found at time of judgment, or at least during that term. 72 C. 611. Motion to find facts naturally follows judgment. 73 C. 685. Should be liberally construed in aid of the jurisdiction of the Appellate Court. Id., 686. Should include only facts necessary to judgment. 88 C. 123. Relation between special finding and finding for appeal. 72 C. 612; 73 C. 681; 87 C. 41; Id., 608. Memo of decision not a special finding. 80 C. 434; 88 C. 142. Procedure when court refuses to make special finding; effect of such refusal. 103 C. 45. Cited. 69 C. 409; 112 C. 441; 125 C. 622. If a party desires a special finding upon any particular issue, he should make a motion to trial court. 120 C. 247. By request for special finding, may cause trial court to place on record amount of damages it finds each plaintiff entitled to recover. 125 C. 737. Special finding cannot be claimed in connection with interlocutory ruling. 128 C. 295. Although judgment did not comply with statutory directions of Sec. 47-31, plaintiff's motion for special finding afforded a statement of material facts on which judgment was based and became a part of record; hence appeal was entertained. 156 C. 12. Petition for new trial on ground, inter alia, that late notification of judgment prevented motion for findings; demurrer to petition sustained. 164 C. 212. Cited. 185 C. 495; 186 C. 237.

Cited. 4 CA 46; 18 CA 559; 22 CA 265.

Applies to actions for legal relief only. 13 CS 44.