Alder Gulch Con. Mining Co. v. Hayes

"We would be warranted in refusing to determine this cause, for the reason that it does not comply with the rule of this court as to the mechanical method of its presentation. It should not. have been filed with the clerk. But on account of its importance we have concluded to consider it.

It is an appeal from a judgment. The evidence has been stricken out of the transcript. But even if it were not, it would not be considered on this appeal from the judgment alone. To enable us to look into the evidence, and to determine whether or not the findings of the court were supported thereby, a motion…