![]() This is the sole question presented for our determination: Plaintiff now makes a motion in this court for an order augmenting the record to include her proposed findings of fact and conclusions of law. On February 13, 1953, plaintiff made a motion in the superior court for an order authorizing the clerk to file a copy of plaintiff's proposed findings of fact and conclusions of law, which motion was denied. Plaintiff was then informed that the clerk had no record of the filing of said proposed findings of fact and conclusions of law and the trial judge informed plaintiff's attorney that they were either lost, misplaced or, most probably thrown in the wastebasket after the hearing on May 23, 1952. After the hearing, the trial court did not adopt either plaintiff's or defendant's proposed findings of fact in toto, but directed the preparation of another set of findings of fact and conclusions of law which were signed on June 5, 1952.Īppeals were taken by both plaintiff and defendant from certain portions of the judgment of the trial court and plaintiff requested the inclusion in the clerk's transcript on appeal of the findings of fact and conclusions of law which she had proposed and handed to the clerk of the court. The trial judge set May 23, 1952, as the date for the hearing on the findings of fact and conclusions of law proposed by the respective parties. Thereafter, defendant's attorneys prepared proposed findings of fact and conclusions of law, copies of which were mailed to plaintiff's attorneys. Copies were also mailed to defendant's attorneys. This was done and the original and a copy thereof were handed to the clerk of the court. ![]() Peck for Defendant and Appellant.Īfter the trial of a divorce action plaintiff was granted an interlocutory decree of divorce and plaintiff's attorney was directed by the trial judge to prepare proposed findings of fact and conclusions of law. ![]() LINDSAY COLEMAN HOWARD, Defendant and Appellant.Įdward M. JUDITH KELLY HOWARD, Plaintiff and Appellant, v.
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