Paul v. Delaware, L. & W. R. Co.

Citations

• 130 F. 951
• 1904 U.S. App. LEXIS 4859

Syllabus

<p>1. Federal Courts — Appeal—Reversal—Question oe Fact — Statutes—Application.</p> <p>Rev. St. § 1011 [U. S. Comp. St. 1901, p. 715], providing that there shall be no reversal in the Supreme Court or any Circuit Court on a writ of error for any error of fact, is applicable to the Circuit Court of Appeals.</p> <p>2. Same — Trial to Court — General Finding — Dismissal oe Complaint — Review.</p> <p>Under Rev. St § 649 [U. S. Comp. St. 1901, p. 525], providing that the finding of the court on the facts, which may be either general or special, shall have the same effect as the verdict of a jury, and section 700 [U. S. Comp. St. 1901, p. 570], declaring that the rulings of the court in the progress of the trial of a cause, if excepted to at the time and duly presented by a bill of exceptions, may be reviewed by the Supreme Court on a writ of error or on appeal, and when the finding is special the review may extend to the sufficiency of the facts found to support the judgment, where a motion to dismiss the complaint was denied at the close of the evidence in an action tried before the court without a jury, the correctness of such ruling was reviewable on exceptions, without a special finding of facts.</p> <p>3. Same — General Yerdict — Review.</p> <p>Where a general verdict is rendered, only such rulings of the court in the progress of the trial can be reviewed as are presented by bill of exceptions or as may arise on the pleadings.</p> <p>4. Same — Bill oe Exceptions.</p> <p>Where a case is tried to the court without a jury, a bill of exceptions cannot be used to bring up the entire testimony for review.</p> <p>5. Same — Questions oe Law.</p> <p>Where parties to a suit tried to the court without a jury desired a review of the law involved in the case, a special verdict raising the legal propositions must be procured, or propositions of law must be presented and ruled on by the trial judge.</p> <p>6. Same — Objections to Evidence — Propositions oe Law — Rulings.</p> <p>Ob