Report of Cases Argued and Determined in the Supreme Court of the State of Idaho Volume 7 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ... unauthorized, under established rules of practice and the statutes of this state, to disturb any of the findings of fact made by the lower court upon the ground that such findings are not supported by the evidence. A careful examination of what is designated in the record as Statement and Bill of Exceptions on Appeal from Final Judgment convinces us that the appellant intended to incorporate into the same all of the evidence that he deemed necessary to be considered upon appeal. But he clearly failed to do so. No bill of exceptions was proposed or settled on behalf of the defendants. The decree was entered January 2, 1900. On January 5, 1900, the defendant Hanrahan, served notice of intention to move for a new trial. On January 6, 1900, the plaintiff, Stidrney, served and filed notice of appeal, and caused to be executed and filed an undertaking on appeal from the judgment. Thereafter the appellant Stickney proposed the socalled statement and bill of exceptions. On July 24, 1900, said statement or bill of exceptions came before the district judge for settlement. At that time the said defendants proposed an amendment to the plaintiffs bill of exceptions, which amendment consisted of a number of specifications of error touching the sufficiency of the evidence to establish certain facts found by the court in its findings of fact. It appears from the record that this proposed amendment ofiered by the defendant was accepted by the court, and incorporated into plaintifi s bill of exceptions, over the plaintifi s objections, to which the plaintifi there and then duly excepted, and incorporated such exceptions into a bill of exceptions, which was there and then duly allowed and settled by the district judge; the same being in...