Grayson v. Lynch

Citations

• 163 U.S. 468
• 16 S. Ct. 1064
• 41 L. Ed. 230
• 1896 U.S. LEXIS 2283

Syllabus

<p>When the assignments of error are very numerous, it is practically found necessary to consider but a few of them.</p> <p>A special finding of facts referred to in acts allowing parties to submit issues of fact in civil cases to be tried and determined by the court is not a mere report of the evidence, but a finding of those ultimate facts upon which, the law must determine the rights of the parties.</p> <p>If the findings of fact in such case be general, only such rulings of the court in the progress of the trial can be reversed as are presented by a bill of exceptions, which bill cannot be used to bring up the whole testi* mony for review.</p> <p>In cases brought by appeal from the Supreme Courts of the Territories, this court cannot consider the weight or the sufficiency of the evidence, but only whether the facts found by the court below support the judgment, and whether there was any error in rulings, duly excepted to,, upon the admission or rejection of evidence.</p> <p>The statute of the Territory of New Mexico requiring its Supreme Court to review causes in which a jury has been waived in the same manner and to the same extent as if it had been tried by a jury makes no essential change in the previous practice, and cannot affect the power of this, court under the act of April 7, 1874, c. 80, 18 Stat. 27.</p> <p>If a court can only review cases tried without a jury as it would review cases tried by a jury, it can only review them for errors apparent upon the record, or incorporated in a bill of exceptions.</p> <p>Where a jury is waived the findings of fact by the court have the same-force and effect as the verdict of a jury, and the appellate court will not set aside the findings and order a new trial for the admission of incompetent evidence, if there be other competent evidence to support the conclusion.</p> <p>No variance between the allegations of a pleading and the proofs offered to sustain it is material unless it be of a character to mislead the oppo