A Treatise On the Constitution And Jurisdiction of the Courts of the United Stat

Cover A Treatise On the Constitution And Jurisdiction of the Courts of the United Stat
A Treatise On the Constitution And Jurisdiction of the Courts of the United Stat
George W George Washington Field
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Bromley, 12 Wall. 155 ; Canton v. American Ins.
How. 88. Co. , 3 Pet. 307.
^ See ante, | 303, et seq. ; Wilson v. ^ This section was not repealed by Sandford, 10 How. 99. A ruling of the act of March 3, 1875, ch. 137, § 3, the court on a matter in its discretion 18 Stat. 471 ; Phillips v. Moore, 100 is not a final decree within the mean- U. S. 208. Ing of the statute : Dean v. Mason, 260 FEDERAL PLEADIXa, PRACTICE AND PROCEDURE.
as a matter of law, and this court could review it on the record w
...ith- out a bill of exceptions.^ Although the issues of fact in any civil case may be tried and determined by the court without the intervention of a jury, and the court may find upon the facts, either general or special, there is nothing making it the imperative duty of the court to find either way ; and if the court chooses to find generally for one side or the other, the losing party has no redress on error or appeal, except for errors in the admission or rejection of evidence, duly excepted to at the time and brought before this court by a bill of exceptions.^ To entitle a party to a judgment on the special findings of the court, they should cover all the essential facts, which must exist and concur to constitute a right of recovery.^ § 324.

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