Randall v. Burk Township

Citations

• 4 S.D. 337
• 57 N.W. 4
• 1893 S.D. LEXIS 82

Syllabus

<p>1. A stipulation made on the trial of a case before the court, in a cause properly triable by the court, that the only issue to be tried and determined by the court is whether or not a certain specified resurvay was made in accordance with the government survey, and that no objection will be made to the sufficiency of the complaint, or the jurisdiction of the court, and that judgment may be rendered by the court in favor of the party it finds entitled thereto, does not constitute a submission of the case to arbitration, but only has the effect of limiting the issues to be tried.</p> <p>2. When the only issue tried by the court was as to whether or not a certain survey corresponded with the original government survey, the specifications in the statement as to the particulars in which the evidence was insufficient to justify the findings are stated as: (1) It appears from the evidence that the rosurvey was.not made in accordance with the original survey; (2) it appears from the evidence that the corners of the sections and quarter sections of Burk township, as established by the resurvey, do not correspond with the original government corners. Held sufficient, under the facts of this case. ILellam, J., dissenting.</p> <p>3. This court will presume, in the absence of a “further or additional abstract,” that a.11 the evidence material to the questions presented to the court, contained in the bill of exceptions or statement, is incorporated into the abstract, and that the bill of exceptions or statement contains all the evidence the parties or the trial court deemed material or essential to a proper determination of the questions presented by the specifications of error contained in the bill of exceptions or statement.</p> <p>4. The last clause of Section 5237, Comp. Laws, which provides that “any question of fact or of law decided upon trials by the court or by referee, may be reviewed when exceptions to the findings of fact have been duly taken by either party and r