A trial was had in the district court upon an agreed state of facts, which embody, in substance, the facts and allegations contained in the answer of the defendants. We will only quote the fourth and fifth stipulations of fact, which are as follows: “That the following testimony of one J. C. Murray is agreed upon as being the only testimony offered in the case, and is here incorporated as a part of this statement of facts, the same being in words and figures following, to-wit: ‘State of North Dakota, county of Cass—ss.: I, John Murray, of lawful age, being duly sworn, say I know the defendant, Simon Fraser. That I have seen him at his place of business. His business is a liquor dealer in the city of Fargo, county of Cass, state of North Dakota. His place of business is 5164 on Front street, in the city of Fargo, Cass county, state of North Dakota. I was at his place of business within the past two or three days. I bought a small bottle of whisky in his said place of business, and drank it. Saw others drinking. I have been in his place of business five or six times within the past week. His is a place where intoxicating liquors are kept for sale, and sold and drank upon the premises. At the times I have been there I have seen divers persons drinking intoxicating liquors there, and have seen them buy the same there. It is a place where persons resort for the purpose of drinking intoxicating liquors as a beverage. J. C. Morray. Subscribed and sworn to before me this 21st day of August, A. D. 1890. 8. B. Bartiert, District Attorney in and for Cass county, North Dakota.’ It is further stipulated that all the liquor hereinbefore referred to was sold in original packages by the said defendant Simon Fraser, as the agent of George Benz & Sons, of St. Paul, Minnesota.”
The trial court made and filed its findings of law and fact as follows: “This cause coming on to be heard at a regular term of this court, held at the courthouse in the city of Fargo, in said county and state, on the 10th day of September, A. D. 1890, the plaintiff being represented by S. B. Bartlett, Esq., district attorney, and Charles A. Pollock, Esq.,and the defense by Messrs Ball & Smith and Messrs. Tilly & Stewart, on the plaintiffs complaint and the separate answers of said defendants, together with the evidence introduced by the respective parties,
