George Shiras, Jr.

“ If the findings which are made are of such a character as to dispose of issues which are sufficient to uphold the judgment, it is not a mistrial, or against law, to fail or to omit to make findings upon other issues which, if made, would not invalidate the judgment. If the issue presented by the answer is such that a finding upon it in favor of the defendant would not defeat the plaintiff's right of action, a failure to make such finding is immaterial. ”

“ This finding necessarily negatives any fraud as alleged, and is sufficient to sustain the judgment.'
It is true that this ruling of the supreme court of the territory does not, even in a question of practice arising under the local law, preclude this court from reviewing it, as would a decision of a state supreme court in similar circumstances; but, unless a manifest error be disclosed, we should not feel disposed to disturb a decision of the supreme court of a territory construing a local statute. ”

“ Claiming that this paragraph of his answer presented a distinct, affirmative defense, the appellant contends that, without a formal replication thereto, it was put in issue by virtue of an enactment by the legislature of Utah, which provides that 'every material allegation of the complaint not controverted by the answer must, for the purposes of the action, be taken as true; the statement of any new matter in the answer, in avoidance or constituting a defense or counterclaim, must, on the trial, be deemed controverted by the opposite party.' 2 Comp. ”