Bethell v. Mathews
Supreme Court of the United States
Error to the Circuit Court for the District of Louisiana; the case being this: The act of Congress of March 3d, 1865,* authorizing the Circuit Courts of the United States, on written stipulation of the parties or their attorneys filed, to try issues of fact in civil cases without the intervention of a jury, enacts that— “ § 4. The findings of the court upon the facts . . . shall have the same effect as the verdict of a jury.”
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Error to the Circuit Court for the District of Louisiana; the case being this: The act of Congress of March 3d, 1865,* authorizing the Circuit Courts of the United States, on written stipulation of the parties or their attorneys filed, to try issues of fact in civil cases without the intervention of a jury, enacts that— “ § 4. The findings of the court upon the facts . . . shall have the same effect as the verdict of a jury.” With this statute in force, Bethell sued Mathews in the court below on certain promissory notes. A written stipulatiou signed by the parties was filed, waiving a jury…
1Opinion of the Court
The CHIEF JUSTICE:
It has been often decided that a plaintiff in error cannot take advantage of rulings upon exceptions in his own favor, even if erroneous. Nor can a statement of facts signed by counsel be noticed upon error. * In this case, then, not only was the statement so signed, but it’ does not appear to have been made and filed until after the judgment.
There is, therefore, no error in the record, or none of which we can take notice. The judgment of the Circuit Court for the District of Louisiana must be
Affirmed.
*
Generes v. Bonnemer, 7 Wallace, 564; Avendano v. Gay, 8 Id. 376; Kearney…
2Cited by10 opinions
- Yazoo & Mississippi Valley Railroad v. AdamsMississippi Supreme Court · 1902
- Bank of Edenton v. United StatesCourt of Appeals for the Fourth Circuit · 1945
- Pearce v. AlbrightNew Mexico Supreme Court · 1904
- Norwich Transportation Company v. FlintSupreme Court of the United States · 1872
- In re GribbonCourt of Appeals for the Second Circuit · 1893
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