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Eagle Mining & Improvement Co. v. Hamilton, 218 U.S. 513 (1910)

Eagle Mining & Improvement Company v. Hamilton

No. 51

Submitted November 7, 1910

Decided November 28, 1910

218 U.S. 513


Under the Territorial Practice Act of April 7, 1874, c. 80, 18 Stat. 27, the jurisdiction of this Court on appeals is limited to the inquiry whether the findings of fact support the judgment and to a review of duly taken exceptions and rulings on admission or rejection of evidence.

Findings of the district court, when adopted by the supreme court of the territory, serve the purpose of the statement of facts required by the statute.

Rulings on questions of evidence are not properly before this Court when the exceptions thereto do not appear in the record, and, even though objections to testimony may have been noted, if it does not appear what the rulings were and whether the testimony was or was not excluded, this Court is confined to determining whether the findings support the judgment, and in this case the facts found by the court below unquestionably support the judgment.

14 N.M. 271 affirmed.

The facts are stated in the opinion.

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