Edward Douglass White

“ It was conceded, however, in the argument at bar, by the counsel of both parties, that in the supreme court of the territory it was insisted, on behalf of the appellants (Steinfeld et al.) , that the decree of the trial court should be reversed, not only because there was no evidence sustaining various findings of the trial court which were material to its decree, but also because, taking the findings to be sufficiently supported by proof, they were nevertheless inadequate to sustain the decree which had been based on them. ”

“ The general rule is to affirm a judgment on an appeal from a territorial court where the record contains no exceptions to rulings upon the admission or rejection of evidence, and where there is an absence of the statement of facts required by the statute to enable the reviewing power to be exerted, and when there is no showing that the appellant has used due diligence to exact a compliance with the statute, so as to enable an appeal to be prosecuted. ”

“ As it is obvious from the final action of the court below, as manifested by the last certificate of the chief justice, that the premise upon which the suggestions last referred to rest is well founded, it is clear that the court below made no statement of facts complying with its statutory duty. It is equally clear, under the circumstances stated, that although the appellees apparently do not expressly assert the inadequacy of the purported statement of facts to sustain our jurisdiction to review, in effect their contention is equivalent to that proposition. ”