75 N.W. 922 | N.D. | 1898
This action is brought to recover upon a promissory note made payable to the plaintiffs, and executed and delivered to the plaintiffs by the defendants. The action was tried to the court without a jury in the month of July, 1897, and is consequently governed, with respect to its procedure, by section 5630 of the Revised Codes, as amended by chapter 5 of the Session Laws of 1897. The trial court made numerous findings of fact, and, as a conclusion of law thereon, found that a certain sum was due plaintiffs from defendants on said note, and directed that a judgment be entered therefor, whereupon the court entered judgment pursuant to such findings. From said judgment defendants appeal to this court.
An inspection of the record certified to this court by the Clerk of the District Court demonstrates that no statement of the case in this action was ever settled, allowed, or signed by the trial court. Neither does the printed book, labeled “Abstract,” filed in this court by the appellants’ attorney, embrace a suggestion that a statement was ever settled below. It must follow, in this condition of the record, that there is not, and cannot be, any
The judgment will be affirmed.