Sire v. Ellithorpe Air Brake Co.

Citations

• 137 U.S. 579
• 11 S. Ct. 195
• 34 L. Ed. 801
• 1891 U.S. LEXIS 2046

Syllabus

<p>In this case, on a motion to dismiss a writ of error, for want of jurisdiction in this court, or to affirm the judgment, it was held that, though this court had jurisdiction, there was sufficient color for the motion to dismiss to warrant this court in considering the motion to affirm, and that the latter motion must be granted.</p> <p>The propriety of questions put to a witness cannot be passed upon intelligently unless the bill of exceptions shows the character of the evidence previously put in.</p> <p>The case having been tried by the court without a jury, it was held that the facts found justified the conclusion of law.</p> <p>A paper which forms no part of a bill of exceptions, and is signed only by an attorney, and purports to be exceptions to findings of fact and the conclusion of the judge thereon, cannot be regarded as a bill of exceptions, or as part of the bill of exceptions signed by the judge, irrespectively of the point that this' court cannot review the findings of fact.</p> <p>As the writ of error appeared to have been sued out merely for delay, the judgment was affirmed with damages at the rate of ten per cent.</p>