288 N.W. 152 | Minn. | 1939
Findings of fact were made that plaintiff let the room to defendant under the arrangement alleged in the complaint, that defendant occupied the room during said period, that he did not pay any rent, that he gave the deeds to plaintiff as security for the rent, that plaintiff returned the deeds to defendant, who accepted them and still retains them, and that there was due to plaintiff from defendant for room rent the sum of $1,068 with interest thereon. Judgment was ordered in favor of the plaintiff and against defendant in said amount, which has been entered, and from which defendant appeals.
There is no settled case. We refused to grantmandamus to compel the court below to settle and allow a case. Doyle v. Swanson,
The assignments of error raise the questions whether (1) the decision is within the issues raised by the pleadings, and (2) the findings are sustained by the evidence.
1. That the decision is within the issues raised by the pleadings is clear from the statement that has already been made. We do not deem it necessary to pursue the question further.
2. The findings of fact and conclusions of law sustain the judgment. The basis of defendant's attack is the insufficiency of the evidence to sustain the findings of fact. The sufficiency of the evidence to sustain the findings of fact cannot be reviewed on appeal without a settled case or bill of exceptions. Fish v. Frink,
Affirmed.