Page:North Dakota Reports (vol. 1).pdf/531

 findings of fact that there is due plaintiff upon the warrants in suit $3,180.18, upon the ground that there is nothing due. Second. The defendant objects and excepts to the said findings of fact upon the ground that they do not determine all or any of the issues of fact raised by the pleadings. The facts agreed upon were not facts put in issue by the pleadings, but facts in the nature of evidence, bearing upon the facts put in issue by the pleadings, and from which the facts in issue could be determined either for the plaintiff or the defendant. This the court has not done, and hence the findings of fact are insufficient. Third. The defendant objects and excepts to the conclusion of law contained in said decision, that plaintiff is entitled to judgment against the defendant for the sum of three thousand one hundred and eighty dollars and eighteen cents and the costs and disbursements of this action, to be taxed according to law, upon the ground that it is against the law. Fourth. The defendant objects and excepts to said conclusion of law upon the ground that the officers of the defendant exceeded their power in issuing the warrants in' suit. Fifth. The defendant objects and excepts to the said conclusion of law upon the ground that each of the warrants in suit exceeded one per cent. and exceeded one and one-half per cent. upon the taxable property in said district, and exceeded the amount which the district was allowed by law to raise by tax for the purpose of building a school house. Sixth. The defendant objects and excepts to the said conclusion of law upon the ground that the warrants in suit exceeded $1,500.00 and exceeded the amount for which the district was allowed by law to bond for the purpose of building a school house. Seventh. The defendant objects and excepts to the said conclusion of law upon the ground that the warrants in suit exceeded $800, and exceeded the amount which the people of the district, assembled in district meeting, authorized to be expended for the purpose of building a school house. Eighth. The defendant objects and excepts to said conclusion of law upon the ground that the issuing of the warrants or the making of the contract upon which they were issued was never authorized to be expended for the purpose of building a school house. Ninth. The defend-