United States v. Cleage

Citations

• 161 F. 85
• 88 C.C.A. 249
• 1908 U.S. App. LEXIS 4315

Syllabus

<p>1. Courts — 1Trial to District Court Without a Jury — Review.</p> <p>Where a cause in a District Court, which is triable by jury under Rev. St. § 566 (U. S. Comp. St. 1901, p. 461), is by consent of the parties tried to the court without a jury, no question of fact or law decided upon or in connection with the trial is subject to re-examination in an appellate court.</p> <p>2. Same — Rev. St. §§ 649, 700, Have No Application to the Drs'inrur Courts.</p> <p>Rev. St. §§ 649, 700 (U. S. Comp. St. 1901, pp. 525, 570), which provide for waiving a jury and for the review of judgments rendered in causes where there is such a waiver, relate exclusively to trials in the Circuit Courts, and there are no similar provisions in respect of trials in the District Courts.</p> <p>3. Writ oe Error — Case Submitted Upon Agreed Statement — Review.</p> <p>Where, in a cause-otherwise triable by jury, the parties agree upon a statement of the ultimate facts, and not the evidence of them, and the case is then submitted to the court without a jury for its decision of the questions of law arising upon the facts so stated, the judgment may be reviewed upon a writ oí error; and this, because there the fads are not determined upon a trial by the court, but by the agreed statement, which is spread at large upon the record, as a part of it, as would be a special verdict.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 3, Appeal and Error, § 3365.]</p> <p>4. Trial — Trial to Court — Character op Finding — Cannot be Both General and Special.</p> <p>When the trial is to the court, under Rev. St. § 649 (U. S. Comp. SI-1901, p. 525), the finding may he either general or special, but not both, and, where a general finding is made and judgment is rendered thereon, it cannot be regarded as superseded l>y a supposed special finding, which was not entered of record, is only found in the bill of exceptions, and does not purport to qualify or take the place of the general finding.</p> <p>[Ed.