Great Northern Railway Co. v. Board of Railroad Commissioners

MR. JUSTICE DAVIS:

I dissent.

In the record before us there is no bill of exceptions containing the evidence received at the trial in the lower court. In these circumstances the presumption in this court is that the evidence which we do not have supports at every point the findings made by the trial judge and the judgment entered by him thereon. Warren v. Warren, 127 Mont. 259, 263, 264, 261 Pac. (2d) 364.

At bar the findings are found in the opinion filed by the trial judge as well as in the formal findings of fact and conclusions of law which he made later. Coffman v. Niece, 110 Mont. 541,…