returned to the defendant; and also it is agreed that certified copies of the warrants Ex. A.and B be attached hereto in place of the originals, they being retained. The foregoing is agreed to be all the facts in this issue, and is hereby submitted as such. Dated June 29,1888. White & Hewit, Attorneys for Plaintiff. F. H. Remington, Herman Winterer, Attorneys for Defendant.”
Said stipulation, together with the documentary evidence, (Exhibits A, B, and C,) was filed with the clerk of the district court, before the case was submitted for determination, and on June 29, 1888; and said documentary evidence and stipulation of agreed facts embraced all the evidence and facts upon which the district court proceeded to determine the case. The cause having been submitted to the district court for its determination, that court determined the issues, and filed its decision in writing, which decision is asfollows: “This cause coming on to be heard on the pleadings and papers herein, and the facts in the case having been stipulated in writing by the attorneys for the respective parties hereto, and filed with the clerk of this court on June 29, 1888, the court now here adopts said facts so gtipulated as its own findings of fact in this case—that there is due plaintiff on the warrant in suit $3,180.18; and as conclusion of law thereon finds that plaintiff is entitled to judgment against defendant for the sum of three thousand one hundred and eighty dollars and eighteen cents ($3,180.18) and the costs and disbursements of this action, to be taxed according to law, and judgment is ordered and granted accordingly. Dated and signed this August 2,1888. By the court, William H. Francis, Judge.”
Upon this decision judgment was entered in favor of the plaintiff. In due time defendant filed its exceptions to the decision and findings, which exceptions were allowed, and are as follows: “The defendant in this action hereby makes the following objections and exceptions to the findings of fact and conclusions of law contained in the decision of the court, dated the 2d day of August, 1888, and filed in the office of the clerk of thiscourt in and for Barnes county, on the 4th day of August, 1888: First. The defendant objects and excepts to the said
