Wilson v. Davis
Montana Supreme Court
Appeal from the Third District, Lewis and Clarice County. This case was before tbis court at tbe December term, 1868, and is reported, ante, p. 98. On November 4, 1868, Wilson filed an amended and supplemental complaint against Davis, W. L. Perkins and W. A. Fredericks, which, contained the following material allegations : That Davis and Fredericks, on January 30, 1867, owned the property in Gallatin county, Montana, known as the Madison mills; that Davis sold and delivered…
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Appeal from the Third District, Lewis and Clarice County. This case was before tbis court at tbe December term, 1868, and is reported, ante, p. 98. On November 4, 1868, Wilson filed an amended and supplemental complaint against Davis, W. L. Perkins and W. A. Fredericks, which, contained the following material allegations : That Davis and Fredericks, on January 30, 1867, owned the property in Gallatin county, Montana, known as the Madison mills; that Davis sold and delivered his interest therein, for two certain contracts, which were as follows: “Gallatin City, January 30,1867. “Twelve months…
1Opinion of the CourtKnowles, J.
Although exceptions were taken to the findings of the reports of the referees in this case, the testimony upon which they based their findings is not made a part of the record in this court. Hence we cannot review them; and they must stand as true. No exceptions appear *190in the record to the findings of fact by the court below. These also then must stand as true. There are no specifications in the record of errors committed in rendering the decree by the court below. This, however, was not objected to by counsel for respondent; and waiving this objection the only points we can consider are…
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