Melville Fuller

“ The supreme court, in affirming the judgment, has determined that the findings of the trial court were justified by the evidence, and, apart from exceptions duly taken to rulings on the admission or rejection of evidence, our examination is limited to the inquiry, without reference to the weight of evidence or its sufficiency to support the special findings, whether the decree can be sustained upon those findings. ”

“ All the evidence is in the record, and we have carefully examined it, and, as we are of opinion that the rulings complained of, if erroneous, did not constitute reversible error, we need not pass upon their correctness, though we are not to be understood as intimating that the objections should in any instance have been sustained. ”

“ Under the special findings, the conclusion of liability followed, whether resting on one ground or the other.
2. It is urged that the principal error of the courts below consisted in ignoring the operation of certain written contracts introduced in evidence, dated January 7 and November 1, 1882, between stockholders of the company and Bowers, and assigned in part to Bowers. The first of these contracts provided for the sale of something over 392, 000 of the 400,000 shares constituting the capital stock of the defendant corporation to Bowers, and the second was a modification of the first. ”