Mr. James S. Botsford, with whom Mr. Buckner F. Deatherage and Mr. Odus G. Young were on the brief for defendant in error: This case should have been brought to this court by appeal and not by writ of error, and the writ of error should be dismissed. Stringfellow v. Cain, 99 U.S. 610; Davis v. Fredericks, 104 U.S. 618; Neslin v. Wells, 104 U.S. 428; Hecht v. Boughton, 105 U.S. 235; United States v. Railroad Co., 105 U.S. 263; Gray v. Howe, 108 U.S. 12; Story v. Black, 119 U.S. 235; Idaho Land Co. v. Bradbury, 132 U.S. 509, 513; Gregory Mining Co. v. Starr, 141 U.S. 222; San Pedro Co. v. United States, 145 U.S. 130; Mining Co. v. Machine Co., 151 U.S. 447; Bonnifield v. Price, 154 U.S. 672; Hawes v. Mining Co., 160 U.S. 303; Grayson v. Lynch, 163 U.S. 468; Young v. Amy, 171 U.S. 179; Marshall v. Burtis, 172 U.S. 630; Cohn v. Daly, 174 U.S. 539. Even if this case were here on appeal instead of by writ of error, this court is without jurisdiction to consider the case, because there is no finding of facts in the nature of a special verdict by either the Supreme Court of Oklahoma or the District Court of Woodward County, Oklahoma. This is necessary to give this court jurisdiction.

As there are no exceptions in this record that are suggested by the assignments of error herein, it is clearly evident that this court must affirm the judgment. Marshall v. Burtis, 172 U.S. 630; Salina Stock Co. v. Salina Creek Co., 163 U.S. 109; Cohn v. Daly, 174 U.S. 539; Cannon v. Pratt, 99 U.S. 619; Thompson v. Ferry, 180 U.S. 484; Saltonstal v. Birtwell, 150 U.S. 417; Stoner v. United States, 164 U.S. 380. A contract to return certain shares of stock within a time limited, or pay a fixed amount per share therefor, is not a bailment, and upon a failure to return the stock within the limit, the holder becomes liable for the amount agreed upon. Haskins v. Dern, 56 P. 953; Stephen v. Hertzler, 19 So. 838; 21 Am. Eng. Ency. of Law, 647; Foley v. Felrath, 98 Ala. 176; Transportation Co. v. Kavanaugh; 93 Ala. 324; Buswell v. Bicknell, 35 Am. Dec. 262.