Webb v. National Bank of Republic of Chicago

Citations

• 146 F. 717
• 77 C.C.A. 143
• 1906 U.S. App. LEXIS 4144

Syllabus

<p>1. Trial — Tmal by Court — General Exception After Judgment Eutile.</p> <p>An exception “to each, all, and every of said finding, conclusion, and judgment,” after a judgment has been rendered on a special finding of facts made by tlie court at the close of a trial before it, is futile, in the absence of any objection, exception, or request for a declaration of law.</p> <p>2. Appeal — Sufficiency. op Facts Found to Sustain Judgment — Necessity oe Exception.</p> <p>The question whether or not the facts found by tile court sustain the judgment upon them arises on the face of the record, and no objection or exception is necessary to present it to an appellate court.</p> <p>3. Trial — Finding oe Sueerotent Ultimate Facts Not Avoided by Finding of Otimcr Facts Not Inconsistent.</p> <p>Where tlie finding by the court of tlie ultimate facts sustains the judgment mid clearly shows that it is based oil all the evidence and not on evidentiary or other facts it contains alone, and tlie hitter facts are not necessarily inconsistent with the ultimate facts found, they present no ground for a reversal of tlie judgment.</p> <p>4. Sa.ub — Finding Not Affected by Recital of Facts in Opinion.</p> <p>Where tlie court lias made a separate special finding of facts upon which the judgment lias been rendered, the recital of facts in the opinion of tlie court constitutes no part of the finding and cannot be invoiced to assail it.</p> <p>(Syllabus by tlie Court.)</p>