Flanders v. Tweed
Supreme Court of the United States
Error to the Circuit Court for the District of Louisiana; the case being this: The 4th section of an act of Congress of March 8d, 1865,* thus enacts: “ Issues of fact in civil cases in any Circuit Court of the United States may be tried and determined by the court without the intervention of a jury, whenever the parties or attorneys of record file a stipulation in writing with the clerk of the court waiving a jury.
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Error to the Circuit Court for the District of Louisiana; the case being this: The 4th section of an act of Congress of March 8d, 1865,* thus enacts: “ Issues of fact in civil cases in any Circuit Court of the United States may be tried and determined by the court without the intervention of a jury, whenever the parties or attorneys of record file a stipulation in writing with the clerk of the court waiving a jury. 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 the jury. The rulings of the court in the…
1Opinion of the CourtJustice Nelson
The statement of facts by the judge is filed upon the 29th May, 1868, nearly three months after the rendition of the judgment. This is an irregularity for which this court is bound to disregard it, and to treat it as no part of the record. The statement made out of court is, of course, no evidence before us of the facts stated, and this is the only evidence relied on, of the consent of the parties to waive a jury, except what may be presumed from the circumstance that both parties proceeded with the trial before the judge without objection in the court below. The objection is now taken here…
2Cases cited1 opinion
- Seaman Field v. United StatesSupreme Court of the United States · 1834
3Cited by38 opinions
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- Lehnen v. DicksonSupreme Court of the United States · 1893
- Bond v. DustinSupreme Court of the United States · 1884
- Mueller v. EhlersSupreme Court of the United States · 1876
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