George Shiras, Jr.

“ It has been frequently held that the authority of this court, on appeal from the supreme court of a territory, is limited to determining whether the court's findings of fact support its judgment or decree, and whether there is any error in rulings, duly excepted to, in the admission or rejection of evidence. ”

“ In the case before us the supreme court of Utah has practically interpreted the provision as authorizing it to modify the findings of the court below, and to make a corresponding change in the judgment, without awarding a new trial. Those modifications of the findings and judgment were favorable to the defendants in the trial court, who took the appeal to the supreme court of the territory. Yet they are the parties who have appealed to us to say that, instead of amending the decree in the manner it did, the court should have reversed the judgment and directed a new trial. ”

“ Several California cases are cited, in which it was held that when the findings are erroneous it is not the province of the supreme court, on appeal, to look into the evidence with a view to reform the findings, and then to enter a judgment in accordance with what the findings ought to have been, but that in such a case, the supreme court will reverse the judgment, and remand the cause for a new trial. ”