Central Trust Co. v. Fidelity Trust Co.

TRIEBER, District Judge.

This cause was tried to the court, a jury having been waived by stipulation in writing. The trial judge made a general finding in favor of defendants, neither party having requested any special findings, and entered judgment accordingly.

The learned trial judge filed a memorandum opinion, but this cannot take the place of special findings. National Bank of Commerce v. First National Bank, 61 Fed. 809, 10 C. C. A. 87; Townsend v. Beatrice Cemetery Association, 138 Fed. 381, 70 C. C. A. 521; City of Goldfield v. Roger, 249 Fed. 39, 161 C. C. A. 99.

The only questions…