Corliss v. Pulaski County
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Southern District of Illinois. This is an action to recover upon certain bonds issued by the county of Pulaski to the Cairo & Vincennes Railroad Company on October 7, 1872, and upon certain coupons for interest thereon. A plea of the general issue was filed, with a stipulation that all proper defenses might be made thereunder as if pleaded by way of special plea, and issue joined thereon.
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In Error to the Circuit Court of the United States for the Southern District of Illinois. This is an action to recover upon certain bonds issued by the county of Pulaski to the Cairo & Vincennes Railroad Company on October 7, 1872, and upon certain coupons for interest thereon. A plea of the general issue was filed, with a stipulation that all proper defenses might be made thereunder as if pleaded by way of special plea, and issue joined thereon. The cause was by stipulation tried to the court without a jury, and on June 23, 1901, the court found generally the issues for the defendant, and…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts a's above). The finding of the trial court upon the facts may be “either general or special.” Rev. St. § 649. It cannot be both. British Queen Min. Co. v. Baker Silver Min. Co., 139 U. S. 222, 11 Sup. Ct. 523, 35 L. Ed. 147; Austin v. Hamilton Co., 22 C. C. A. 128, 76 Fed. 210; Wesson v. Saline Co., 20 C. C. A. 227, 73 Fed. 917. Here the court rendered a general finding for the defendant below, upon which judgment was entered. Some two months thereafter, but at the same term, the trial *291judge signed a bill of exceptions, and also a paper purporting to be a special…
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