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John W. Hine vs. Peter J. McNerney

Connecticut Supreme Court1922-03-29
97 Conn. 308

Summary

Holding. The judgment for the plaintiff was affirmed because the defendant failed to comply with appellate procedures, his assignments of error were either too general or concerned factual rather than legal questions, and no reviewable legal error existed in the trial court's decision.

The defendant appealed a judgment rendered in favor of the plaintiff, raising four purported errors. The defendant's first assignment of error was dismissed as too general and failing to identify specific legal questions, violating statutory requirements for appeals. The second assignment challenged the trial court's rejection of certain claims, but most of these were factual determinations rather than legal questions, and therefore could not properly form the basis for appellate review. The third and fourth assignments complained about the trial court's findings of fact and its refusal to adopt the defendant's proposed findings, but the defendant failed to follow the required procedure of requesting correction of the findings as a preliminary step to appealing the judgment. Even if that procedural defect were overlooked, the appellate court would not retry factual issues or second-guess the trial judge's credibility determinations or weighing of conflicting evidence.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Compliance with statutory requirements for stating assignments of error on appeal
  • Distinction between questions of law and factual determinations on appeal
  • Proper procedure for challenging trial court findings of fact
  • Scope of appellate review over trial court factual findings

Procedural posture

The defendant appealed a judgment rendered by the trial court in favor of the plaintiff, raising multiple assignments of error regarding the judgment and underlying factual findings.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Burpee, J.

For reasons of appeal, the appellant defendant states four errors of which he complains.

The first is that the court erred in rendering judgment for the plaintiff. He does not “state the special errors complained of distinctly,” nor “the decision of the court upon any question or questions of law arising in the trial” by which he thinks himself aggrieved. General Statutes, §§ 5820, 5833. Such an assignment does not meet the requirements of these statutes; it is too general, and will be disregarded. Harper Machinery Co. v. Ryan-Unmack Co., 85 Conn. 359, 363, 82 Atl. 1027. “This is a sort of blanket objection which this court will not consider.” Fagerholm v. Nielson, 93 Conn. 380, 387, 102 Atl. 333.

The second reason assigned is that the court erred in overruling the defendant’s claims of law numbered 1 to 8 and 12 to 16 inclusive, as they appear in the finding. Of these, all but one are not really claims of law. During the trial the defendant undertook to establish his second defense by evidence sufficient to prove the necessary facts; and concerning the judgment to be rendered, he made certain claims which related to the sufficiency of the evidence to prove those facts. The trial court overruled these claims, and on the evidence found that the things depended on by the defendant were not facts, and that certain things disputed by him were facts. No question of law was presented to the trial court to decide. The overruling by the trial court of claims concerning facts to be found on the evidence, will not be regarded by this court as legitimate reasons of appeal.

In the third assignment of error the defendant complains that the court erred in finding all the principal facts stated in the finding without evidence and contrary to the weight of evidence; and in the fourth assignment, in refusing to find as facts substantially all of the matters set forth in the thirty-six paragraphs of his draft-finding. To support these complaints, he has caused the evidence in the case to be made a part of the record on this appeal. But he has not asked for any correction of the finding in the reasons of appeal. There is nothing in the record that gives this court authority to change the finding, and as it stands it unquestionably warrants the judgment. Since the appellant has neglected to take the necessary preliminary step of asking a correction of the finding as a warrant for the correction of the judgment, he has no standing in this court. Durham v. Larom, 95 Conn. 475, 111 Atl. 832. “In the absence of an assignment of error presenting the claim for a correction of the finding, this court will not consider the correction of the finding even though the evidence be filed under § 5832.” Hartford-Connecticut Trust Co. v. Cambell, 97 Conn. 251, 254, 116 Atl. 186.

But if we were to disregard the defendant’s neglect to observe the long-settled procedure necessary to present such an appeal to this court, it by no means follows that this appeal would have prevailed. In effect the defendant requests this court, taking the evidence made a part of the record, to try the case again on the issue of fact, and to prefer and accept his inferences and conclusions in place of those of an impartial and trained trial court. It has been distinctly and repeatedly declared that this court will not consider such requests, and will not correct a finding of facts unless the record discloses that it includes matters found to be facts without evidence, or fails to include material facts which were admitted or undisputed. The determination of the trial court on conflicting evidence, or on the weight or effect of evidence, will not be disturbed. The powers and functions of the trial court, and of this court on appeal, could hardly be misunderstood or misinterpreted in the light of our decisions on these subjects. See Eudakaitis v. St. Georges Lithuanian Soc., 87 Conn. 1, 3, 86 Atl. 562; Eastern Burlap Bag Co. v. Shay Fertilizer Co., 96 Conn. 139, 113 Atl. 151; Killian v. Bolster, 96 Conn. 693, 695, 115 Atl. 469. An examination of the record in the present case would demonstrate convincingly that the finding states no fact which was contrary to or without evidence, nor any conclusion reached illogically, illegally, or unreasonably.

The only question of law presented in this appeal was raised upon the fact that the title to the truck had been transferred to the plaintiff by an assignment written on a recorded conditional bill of sale by the person who had succeeded to the rights of the original vendor, and that this assignment was not dated; witnessed, acknowledged or recorded, and was therefore void. This defense is not set up in the answer, and this reason of appeal was not referred to in the brief or in the argument of the defendant before this court. It need not be considered.

There is no error.

In this opinion the other judges concurred.