The supreme court of the territory was called upon to make a statement of the facts of the case in the nature of a special verdict, and also the rulings of the court in the admission or rejection of evidence when excepted to. Our jurisdiction is limited to the consideration of such exceptions and to determining whether the findings of fact support the judgment. Harrison v. Perea, 168 U.S. 311, 42 L. ed. 478, 18 Sup. Ct. Rep. 129; Young v. Amy, 171 U.S. 179, 43 L. ed. 127, 18 Sup. Ct. Rep. 802.
The statement of facts required by the statute should present clearly and precisely the ultimate facts. And while it may be objected to the statement in this case that it does not properly comply with that rule, for it is quite confused and gives a mass of unnecessary details, yet we think the imperfections in that regard should not be held fatal, as a sufficient statement finally emerges. This will be understood by reference to the statement itself, which we have set forth for that purpose.
The bill of exceptions contains some minor rulings on questions propounded to witnesses, but the exceptions thereto were not insisted upon in the supreme court nor considered by that tribunal, so that the question before us is whether the findings of fact support the judgment.
But several of the errors assigned are to the effect that the supreme court erred in considering or determining the case upon questions of fact, because the bill of exceptions failed to state that it contained all of the evidence given in the case, and the record failed 'to show that the bill of exceptions contains all of the evidence given in the case, or all of the evidence bearing upon the questions involved in the decision' of the court.
The supreme court proceeded upon the record as containing all the evidence, and we are not inclined to hold that the contention that it should not have done so is open to our consideration under the limitations of the statute. But, be that as it may, we think the record shows that all the evidence was contained in the bill of exceptions, and that that is sufficient, even though the bill itself did not so state in express terms. Gunnison County v. E. H. Rollins & Sons, 173 U.S. 255, 43 L. ed. 689, 19 Sup. Ct. Rep. 390.
Paragraphs 1485 and 1582 of the Revised Statutes of Arizona, 1901 (pp. 461, 474), provide: 'Every paper filed in a case shall constitute a part of the record of the case, including depositions and all written evidence and exhibits offered or admitted in evidence; and no papers thus filed or admitted in evidence, or offered in evidence and rejected by the court, need be incorporated in a statement of facts in order to make it a part of the record.'
'On taking an appeal . . . the appellant . . . shall cause to be filed in the supreme court . . . the original record of the case, together with a copy of all minute entries made in the case, the same to be certified to by the clerk of the district court, with the seal of the court affixed, that it contains a true copy of all minute entries made in the case, and that the papers thereunto attached are all the papers constituting the record of the case. . . .'
The clerk accordingly transmitted to the supreme court all of the original records and copies of the minute entries. The case coming on for hearing, the minute entries state:
'The trial then proceeded upon the pleadings herein, in the presence of and before the court sitting without a jury, a jury having been expressly waived in open court by both parties hereto, and the plaintiff, to maintain upon his part the issues herein, introduced certain documentary evidence, and also called as a witness the following named person, to wit, George W. Crowe, the plaintiff, who was duly sworn, examined, and cross-examined, and thereupon the plaintiff rested his case. The defendant then, to maintain upon his part the issues herein, called as a witness the following named person, to wit, M. M. Trickey, who was duly sworn, examined, and cross-examined, and thereupon the defendant rested his case. The evidence being now adduced and the case closed, arguments of the respective counsel followed, and the cause being now fully submitted, the same was, by the court, taken under advisement.'