Santa Anna v. Frank

Syllabus

<p>When a jury is 'waived by stipulation, a general finding of' the issues by the court is not open to review.</p> <p>The declaration contained a special count upon municipal bonds and coupons, and general counts for money had and received, &c. A jury was waived, and the court found generally on all the issues. The bill of exceptions contained all the evidence, but showed no exception to its admission, Held, That the general counts were sufficient to support the judgment, and that questions raised as to the subject matter of the special count were therefore immaterial.</p>