Rufus Wheeler Peckham

“ What we regard as additional facts in the statement of the supreme court are regarded by counsel for the appellee as conclusions of law only and he contends that we are confined to the general findings of fact made by the district court and adopted by the supreme court, and that upon those facts the appellee is clearly entitled to judgment. ”

“ This act could give us no jurisdiction to review an objection to evidence taken upon the trial, if no exception were taken, for the act of Congress of 1874, above cited, provides for a review in this court only when the decisions of the court were excepted to, and our jurisdiction is regulated by that act. ”

“ In addition to the fact thus stated, and in continuation of its statement, the court 'further finds that the district court did not commit error in refusing to render judgment for appellant on the verified answer of appellant, notwithstanding appellee did not introduce any evidence to establish the genuineness of said warrants for which appellee asked judgment, because the court finds that the warrants were verity of themselves, and the verified answer only put appellant in position in court to prove the facts set up in her answer and did not put appellee on proof of their genuineness ”

“ It is stated that it has been held by the courts generally that county and state warrants signed by the proper officers, are prima facie binding and legal; that those officers will be presumed to have done their duty, and that such warrants make a prima facie cause of action, and that impeachment must come from the defendant. ”