Jacks v. Dyer

Walker, J.:

The appellees brought an action of ejectment in the Phillips Circuit Court, against James Summers, to recover possession of a lot of land in the city of Helena, and for damages for the use and occupation of the same. The case was submitted to a jury, who, upon the evidence and instructions of the court, found a verdict for the plaintiffs, from which the defendant appealed to this court.

The counsel for the appellees contend that the evidence upon which the case was determined in the court below is not brought before us by bill of exceptions. It is true that the evidence was ■ not…