168 P. 938 | Or. | 1917
delivered the opinion of the court.
Defendant assigns that the court erred in finding from the stipulation made by the parties as evidence that the services were rendered for the defendant. It
Section 172, L. O. L., provides:
“The statement of the exception, when settled and allowed, shall be signed by the judge and filed with the clerk, and thereafter it shall be deemed and taken to be a part of the record of the cause. No exception need be taken or allowed to any decision upon a matter of law, when the same is entered in the journal, or made wholly upon matters in writing and on file in the court.”
In the first note to Section 169, L. 0. L., it is stated:
“The object of the bill of exceptions under the code, as at common law, is to bring into the record matter that would not otherwise appear, in order to lay the foundation for proceedings in error and for the information of the appellate court: State v. Drake, 11 Or. 396 (4 Pac. 1204); State v. McGinnis, 17 Or. 333 (20 Pac. 632); State v. Chee Gong, 17 Or. 635 (21 Pac. 882); State v. Cody, 18 Or. 506 (23 Pac. 891, 24 Pac. 895); Nelson v. United States, 30 Fed. 112, 113.”
Such a finding cannot be re-examined upon appeal unless it affirmatively appears from the record that there is no competent evidence to support the same: Bank of Kenton v. Sun Dial Ranch, 69 Or. 128 (138 Pac. 455); Article VII, Section 3, of the Constitution; Thompson v. Sargent, 66 Or. 384 (134 Pac. 7); Fields v. Western Union Tel. Co., 68 Or. 209 (137 Pac. 200),
No question is raised in the present case, and apparently none can he raised, hut that the findings of fact support the judgment. It appears from the recital in the findings of fact that all the evidence is not contained therein. Finding no error in the record the judgment of the lower court is affirmed. Affirmed.