Horace Gray

“ In all proceedings in the territorial courts in the nature of suits in equity, therefore, as well as in those proceedings in the nature of actions at common law, in which no trial by jury is had, either because a jury has been duly waived or because the issues tried are issues of law only, the appellate jurisdiction of this court must be invoked by appeal, and not by writ of error. ”

“ It must also be borne in mind that, as already seen, in either class of cases, whether equitable or legal, coming up by appeal from a territorial court, after a hearing or trial on the facts, the evidence at large cannot be brought up, as it is in cases in equity, from the circuit courts of the United States, but only 'a statement of facts in the nature of a special verdict,' and rulings made at the trial, and duly excepted to, on the admission or rejection of evidence. ”

“ In a suit brought in a district court of the territory of Montana for an injunction against the diversion of a running stream in which the plaintiff asserted a right, by prior appropriation, for the purpose of irrigation, the court submitted specific issues to a jury, and afterwards heard the case upon the pleadings and proofs and the findings of the jury, and rendered a decree for the plaintiffs, in which it disregarded some of those findings and adopted others ”