Gulf, C. & S. F. Ry. Co. v. Clement Grain Co.

Fifth Circuit

Gulf, C. & S. F. Ry. Co. v. Clement Grain Co.

268 F. 535, 1920 U.S. App. LEXIS 2346

Court of Appeals for the Fifth Circuit·Decided November 16, 1920·No. No. 3580·Published·Cited by 2 cases

Opinion

BRYAN, Circuit Judge.

Plaintiff in error railway company sued defendants in error to recover certain switching charges. There was a general denial and certain affirmative pleas. A jury was waived by written stipulation, and the court found for defendants in error.

The finding of the court in a trial without a jury may he either general or special, and has the same effect as a verdict. R. S. § 649 (Comp. St. § 1587); U. S. v. U. S. Fidelity Co., 236 U. S. 512, 35 Sup. Ct. 298, 59 L. Ed. 696. In this instance the finding was general. No special finding was asked; and none was made.

A finding, whether general or special, cannot be reviewed on writ of error, in the absence of exception to a ruling made in the progress of the trial. R. S. § 700 (Comp. St. § 1668); St. Louis v. Western Union Telegraph Co., 166 U. S. 388, 17 Sup. Ct. 608, 41 L. Ed. 1044; Wilson v. Merchants’ Loan & Trust Co., 183 U. S. 121, 22 Sup. Ct. 55, 46 L. Ed. 113. No exception was taken to any ruling of the court.

The judgment is therefore affirmed.

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BRYAN, Circuit Judge.

Plaintiff in error railway company sued defendants in error to recover certain switching charges. There was a general denial and certain affirmative pleas. A jury was waived by written stipulation, and the court found for defendants in error.

The finding of the court in a trial without a jury may he either general or special, and has the same effect as a verdict. R. S. § 649 (Comp. St. § 1587); U. S. v. U. S. Fidelity Co., 236 U. S. 512, 35 Sup. Ct. 298, 59 L. Ed. 696. In this instance the finding was general. No special finding was asked; and none was made.

A finding, whether general or special, cannot be reviewed on writ of error, in the absence of exception to a ruling made in the progress of the trial. R. S. § 700 (Comp. St. § 1668); St. Louis v. Western Union Telegraph Co., 166 U. S. 388, 17 Sup. Ct. 608, 41 L. Ed. 1044; Wilson v. Merchants’ Loan & Trust Co., 183 U. S. 121, 22 Sup. Ct. 55, 46 L. Ed. 113. No exception was taken to any ruling of the court.

The judgment is therefore affirmed.

Gulf, C. & S. F. Ry. Co. v. Clement Grain Co., 268 F. 535, 1920 U.S. App. LEXIS 2346 (5th Cir. 1920).

Pincite

268 F. 535 (Gulf, C. & S. F. Ry. Co. v. Clement Grain Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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