Bond v. Dustin

Citations

• 112 U.S. 604
• 5 S. Ct. 296
• 28 L. Ed. 835
• 1884 U.S. LEXIS 1911

Syllabus

<p>In an action at law, submitted to the decision of the Circuit Court by the parties waiving a trial by jury, in which the record does not show the filing of the stipulation in writing required by section 649 of the Revised Statutes, this court, upon bill of exceptions and writ of error, cannot review rulings upon the admission or rejection of testimony, or upon any other question of law growing out of the evidence ; but may determine whether the declaration is sufficient to support the judgment.</p> <p>The filing of a stipulatidn in writing, waiving a jury, under section 649 of the Revised Statutes, is not sufficiently shown by a statement in the record, or in the bill of exceptions, that “ the issue joined by consent is tried by the court, a jury .being waived,” or that “the case came on for trial, by agreement of parties, by the court, without the intervention of a jury.”</p> <p>A motion in arrest of judgment can only be maintained for a defect apparent upon the record, and the evidence is no part of the record for this purpose.</p> <p>A statute of a State, providing that a verdict returned on several counts shall not be set aside or reversed if one count is sufficient, governs proceedings in cases tried in the Federal courts within that State, and is applicable to judgments lawfully rendered without a verdict.</p>