Each court shall keep a record of its proceedings and cause the facts on which it found its final judgments and decrees to appear on the record; and any such finding if requested by any party shall specially set forth such facts.

(1949 Rev., S. 7979.)

The facts found must justify the decree. 1 R. 207; 23 C. 83; Id., 536. Inferences of law from the facts found need not be expressly set forth. 29 C. 589. Judgment rendered without complying with statute is erroneous; decree not erroneous by insertion of immaterial facts. 47 C. 581. Cited. 60 C. 15; 69 C. 409; Id., 575. When statute does not preclude extrinsic evidence to explain judgment. 66 C. 248. Statute to be followed although no appeal is taken. 70 C. 504. Facts found form the basis of the judgment rendered. 72 C. 624. When finding must be made. Id., 613. Request for finding should ordinarily precede the judgment; should be liberally construed in aid of the jurisdiction of the Appellate Court. 73 C. 685. Purpose of statute; contents of judgment file in general. 83 C. 109. If all issues found for one party, judgment so stating good; otherwise facts must be found. 87 C. 617; 88 C. 118. Finding of “issue” construed to include all issues. 66 C. 249; 67 C. 74; 91 C. 378. If all issues not found for one party, judge should sign judgment file. 73 C. 360. Judgment file, not memorandum of decision or finding for appeal, shows issues decided. 72 C. 624; 73 C. 590; 76 C. 457; 78 C. 430; 80 C. 433; 87 C. 41. If facts not found, judgment file is defective. 74 C. 121; 109 C. 50. Should include only facts necessary to judgment; 75 C. 354; 88 C. 123; not those intended for appeal. 87 C. 31; Id., 617. Memorandum of decision as judgment. 76 C. 115; 82 C. 377; Id., 386; 89 C. 413. Finding as related to writ of error. 88 C. 143. If judgment for defendant is based on issues of answer, his counterclaim need not be mentioned. 73 C. 530. Issues not contained in recited allegations of judgment file are found not proven. 105 C. 510. Statute must be complied with in every case. 109 C. 51. Memorandum of decision is not judgment but merely a direction to enter judgment. Id., 50. Court has no power to make special finding after end of term in which judgment rendered. 112 C. 441. Improper to have special finding take place of finding made for purpose of appeal. 125 C. 622. Special finding cannot be claimed in connection with interlocutory ruling. 128 C. 295. Cited. 140 C. 457. Facts upon which a final judgment is predicated must appear in the judgment file. 141 C. 325. A judgment should not incorporate an exhibit since without a special order an exhibit does not remain part of the file. 147 C. 82. Court refused to make a particular finding since request not made until a week after judgment; not reviewed on appeal since party not harmed by the refusal. Id., 656. Cited. 164 C. 554; 180 C. 345; 212 C. 678.

Cited. 12 CS 192; 13 CS 44; 33 CS 549.