Generes v. Campbell
Generes v. Campbell
Opinion of the Court
delivered the opinion of the court.
This is a writ of error to. the Circuit Court of the United States for the District of Louisiana. The plaintiff' in error was the defendant in the court below. The action was brought against him as the indorser of a promissory note. The parties, pursuant to the act of Congress of March 3d, 1865, filed a written stipulation waiving a jury, and the cause was tried by the court. A judgment was rendered against the defendant. He took a bill of exceptions. No facts were specially fouud by the court.
The act referred to provides that the finding of the court upon the facts — which finding may be either general or special — shall have the same effect as the verdict of a jury;
There being no special finding of the facts, the inquiry as to their sufficiency to support the judgment does not arise.
Our examination of the case must be confined to the bill of exceptions.
It is objected that this instrument was not sealed, as well as signed, by the judge. The statute of Westminster prescribes a seal, but no act of Congress and no rule of this court contains such a requirement. Though usual in the practice of the courts of the United States, it is not necessary. The signature of the judge is sufficient.
It does not appear that the defendant objected to any of the testimony which was admitted. No question relating to the subject is .presented for our consideration.
•It is shown by the bill of exceptions that sundry legal propositions were argued by the counsel of Generes and were overruled by the court. The entire bill is a series of interlocutions between the counsel and the court, in which the evidence is referred to; but the bill does not purport to give all the evidence upon either of the subjects to which the exceptions relate.
In the entry of the judgment it is stated that it is given “for reasons orally assigned by the court.” What those reasons were is not set forth. Whether they were that there was other evidence besides that referred to in the bill of exceptions, or that the court drew different conclusions from those deduced by the counsel, or that the court entertained different legal views from those upon which the counsel insisted, is not disclosed. Had thé facts been specially found no such doubt could have existed. The case
For any error in relation to the facts a writ of error is not the proper remedy. If all the testimony given were set out in the record we could not examine it with the view of determining whether it is sufficient to support the judgment.
We are all of opinion that the propositions upon which the plaintiff in error insists are not so presented that we can take cognizance of them.
Judgment affirmed.
Pennock v. Dialogue, 2 Peters, 1.
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- 1. The act of 3d March, 1865, providing for a trial without a jury, and a review by this court of the facts found by the judge, either generally or specially, by a sufficient bill of exceptions, is general in its terms, and embraces the State of Louisiana. 2. Though the statute of Westminster requires bills of exceptions to be' sealed, yet as neither an act of Congress nor rule of court has made this ■ requirement here, it is sufficient if the bill be signed by the judge. 3. When the bill of exceptions does not purport to set forth all the evidence on either of the subjects to which the exception relates, and the judgment states that it was rendered for “reasons orally assigned,” and these are not found in the record, there is nothing on which error can be assigned, and the judgment must be affirmed.