Coddington v. Richardson
Supreme Court of the United States
Error to the Circuit Court for the Southern District of Illinois; the case being thus: By section 4 of the act of March 3d, 1865,* it is provided that, parties may submit the issues of fact in civil cases to be tried and determined by the court, without the intervention of a jury. The act continues : “ The finding of the court upon the facts, which finding shall be general or special, shall have the same effect as the verdict of'a jury.
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Error to the Circuit Court for the Southern District of Illinois; the case being thus: By section 4 of the act of March 3d, 1865,* it is provided that, parties may submit the issues of fact in civil cases to be tried and determined by the court, without the intervention of a jury. The act continues : “ The finding of the court upon the facts, which finding shall be general or special, shall have the same effect as the verdict of'a jury. The rulings of the court in the progress of the trial when excepted to at the time, may be reversed by the Supreme Court of the United States upon a writ of…
1Opinion of the CourtJustice Nelson
No exceptions were taken to the admission or rejection of evidence on the trial, nor any special statement of facts found by the court. The only statement after closing the evidence, is, “ and the court thereupon found the issue for the plaintiff, and assessed his damages at the sum of $5000.”
There is no question of law arising upon the pleadings or the trial. Those attempted to be raised refer to the evidence,'as embodied in the record, but which, in a trial of the facts before- the court, a jury being waived, we do not look into. We look into them only when found by the court.
Judgment…
2Cited by1 opinion
- Coddington v. RichardsonSupreme Court of the United States · 1871