West Virginia v. United States

The vicissitudes attending this proceeding have arisen from' inattention to the rules of practice and disregard of the ordinary laws of evidence. The methods adopted in presenting-the matter have imposed some unnecessary labor upon the court, of small moment, however, compared with the needless delay and possible injury to the one party or the other in making up the record.

In the present situation the ultimate facts which the evidence is intended to establish probably do not sufficiently appear; that is, though the findings are the result which the competent evidence in the case proves, the…