Curtis v. Boquillas Land & Cattle Co.

• Decision Date: 20 March 1903
• Docket Number: Civil 796
• Citation: 71 P. 924,8 Ariz. 258
• Parties: JOSEPH CURTIS et al., Defendants and Appellants, v. BOQUILLAS LAND AND CATTLE COMPANY, a Corporation, Plaintiff and Appellee
• Court: Arizona Supreme Court

71 P. 924

8 Ariz. 258

JOSEPH CURTIS et al., Defendants and Appellants, v. BOQUILLAS LAND AND CATTLE COMPANY, a Corporation, Plaintiff and Appellee

Civil No. 796

Supreme Court of Arizona

March 20, 1903

APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Cochise. F. M. Doan, Judge. Affirmed.

See opinion on rehearing.

The facts are stated in the opinion.

Ben Morgan, for Appellants.

English & Bowman, for Appellee.

OPINION

THE COURT.

If we could, without violating the fundamental rules of practice decide this case upon the briefs of counsel, enough could possibly be found therein in the way of statements and admissions, as to the action of the trial court, from which an intelligent review of the case might be made. The record itself, however, and not the briefs of counsel, must be the basis for any review of the case.

By stipulation the record on this appeal was restricted to the following papers, viz.: The judgment-roll, the motion for a new trial and the ruling thereon, a written stipulation as to a part of the evidence of the defendants in the action certain exhibits, the bond on appeal, an assignment of errors, and an admission that the appellee is a corporation authorized to do business in this territory. There is no bill of exceptions and no statement of facts or transcript of the evidence in the record. Counsel for appellants in his brief, has argued the case as though the entire evidence was before us. As the judgment of the court recites that witnesses were sworn and testified in behalf of the respective parties, and documentary evidence introduced and filed, we cannot assume that the exhibits and the written stipulation contained in the record brought to this court constitute all of the evidence which the trial court had before it in rendering its judgment. The abbreviated record on this appeal presents no matter which this court can consider except the one question as to whether the pleadings support the judgment. The complaint contains the usual and ordinary allegations required in an action of ejectment under our statutes. The answer of the defendants is a general denial, and pleas founded upon the various statutes of limitations applying to actions for the possession of real property. The court found that the "plaintiff and its predecessors and grantors in interest, since the first day of January, 1875, have been, and the...