United States Fidelity & Guaranty Co. v. Whittaker

The majority opinion seems to lose sight of the fact that the scope of the inquiry in this case is reduced to extremely narrow limits, for the reason that in the court below there was no written waiver of a jury trial, nor findings of fact, nor request for findings. When a law ease is thus tried before the court, the court acts as arbitrator, and its determination of questions both of law and of fact are conclusive upon the parties, and cannot be reviewed on writ of error. Campbell v. Boyreau, 21 How. 223, 16 L. Ed. 96; Kearney v. Case, 12 Wall. 275, 20 L. Ed. 395; County of Madison v.…