APPEAL; BILL OF EXCEPTIONS; REVIEW OF EVIDENCE. — Where the appellant does not cause the evidence taken in the court below to be sent to this court, but files his brief and submits the case for decision on such a record, this court will decide it upon the record before it.

Judgment was rendered in the court below in favor of the defendant. Plaintiffs excepted to the judgment, moved for a new trial on the ground that it was not justified by the evidence, and, that having been denied, they excepted, a bill of exceptions was signed and file and has been sent to this court. The appellants have not caused the evidence which was taken in the court below to be sent here but they filed a brief, asked that the case be placed upon the calendar, and it has been submitted for decision. Under these circumstances we can not review the evidence, and the only question is whether, assuming that all the facts stated in the decision of the court below are true, they justify the judgment in favor of the defendant.

An examination of such decision will show that the judgment was fully justified by the facts therein stated. That judgment is accordingly affirmed, with the costs of this instance against the appellants.

After the expiration of twenty days let judgment be entered in accordance herewith, and ten days thereafter the case be returned to the lower court for execution. So ordered.

Arellano, C.J., Torres, Mapa, Carson and Tracey, JJ., concur.