Sierra Land & Live Stock Co. v. Desert Power & Mill Co.

This was an action to recover damages for the loss of a band of sheep, poisoned by cyanide which escaped from the milling and reduction works of the defendant in error, near the town of Millers, in Esmeralda county, Nev. By stipulation of parties the case was tried by the court without the intervention of a jury. The court- made the general finding, “And the court, having fully considered the premises, finds the issue in favor of the defend *983 ant,” and entered a judgment accordingly. To reverse this judgment the present writ of error was sued out

[1] Section 700 of the Revised Statutes (Comp. St. 1913, § 1668) provides:

Under this section it has been repeatedly held by the Supreme Court that an appellate court cannot, on writ of error, inquire into the sufficiency of the testimony to support a general finding. Thus in Dirst v. Morris, 14 Wall. 484, 491 ( 20 L. Ed. 722 ), the court said;

In Insurance Co. v. Folsom, 18 Wall. 237, 254 ( 21 L. Ed. 827 ), the court said:

To the same effect, see Cooper v. Omohundro, 19 Wall. 65 , 22 L. Ed. 47 .

In Stanley v. Supervisors of Albany, 121 U. S. 535, 547 , 7 Sup. Ct. 1234, 1238 ( 30 L. Ed. 1000 ) the court said:

In Lehnen v.…