Fant v. Tandy

• Decision Date: 25 January 1888
• Citation: 7 Mont. 443
• Parties: FANT v. TANDY et al.
• Court: Montana Supreme Court

7 Mont. 443

FANT

v.TANDY et al.

Supreme Court of the Territory of Montana.

January 25, 1888.

Appeal from district court, Lewis and Clarke county.

Turner & Shelton, for respondent.

Wade, Toole & Wallace, for appellants.

McLEARY, J.

This controversy arose in the United States land-office at Helena by the application of Tandy and others for a patent to the land in dispute as a placer mining claim. This application was adverse to Fant, and, under the United States statute, this suit was brought to determine the question whether or not the mineral patent should issue. The case was tried before the court without a jury, and on findings of fact and conclusions of law made by the court, judgment was rendered in favor of the plaintiff, from which this appeal was taken. The court, in rendering judgment, also delivered an oral opinion, which was taken down by the stenographer, written out and filed among the papers of this case, and is made a part of the record herein, in accordance with the statute. There was a motion for a new trial made and overruled, from which order only this appeal is taken. There is nothing in the transcript to show where the statement begins, or what papers are included therein. One hundred and sixteen pages of the transcript are covered with questions and answers to any by the witnesses who were supposed to have testified in the case. It may be possible that this is a transcript of the stenographer's notes taken in the case, but there is nothing in the record to show this. It has been repeatedly decided by this court that the mere transcript of the stenographer's notes, giving the questions and answers propounded to and made by the witnesses, cannot be regarded as a statement on motion for new trial, or a statement on appeal; and evidence presented to this court in such a manner will be disregarded. It is not the business of this court to wade through over 100 pages of questions and answers, composed largely of irrelevant matter, to ascertain what are the material points presented in the evidence. In making up a statement, it is the duty of counsel to condense the testimony of witnesses into narrative form, omitting all irrelevant matter, and presenting only so much of the evidence as bears upon the points in controversy on appeal. Then, after notice and amendments by the opposite party, the same should be approved and allowed by the court, and signed as such, and appear in the transcript as a statement, either on motion for a new trial or on appeal. Unless this is done, the appellate court must be confined in the consideration of the case, where the appeal is taken from the judgment, to the judgment roll alone. Section 438, div. 1, Comp. St. Mont. 178. For these reasons the evidence introduced in ...