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FINDING

practice. That which has been ascertained; as, the ruling of the jury is conclusive as to matters of fact when confirmed: by a judgment of the court. A decision upon a question of fact reached as the result of a judicial examination or investigation by a court, jury, referee, coroner, etc. Finding of foot. 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, 81, 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 facts established by the evidence and which are determinative of the judgment which must be given.

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