Majority — Fuller C.J.
p. 576LLOYD v. McWILLIAMS. No. 109. Argued and submitted December 10, 1890. Decided December 15, 1890.
Syllabus
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF RHODE ISLAND.When a trial by jury in a Circuit Court is waived by agreement, and the case is tried by the court, no questions are open for revision here, unless the record shows a finding of facts in accordance with the provisions of Rev. Stat. §§ 649, 700; and in such case, when brought here, the judgment of the Circuit Court will be presumed to be right and will be affirmed, if it appears' that that court had jurisdiction of the subject matter and of the parties.
This was an action to recover duties alleged to have been illegally exacted. When the cause was reached on the docketargument was begun on the part of the plaintiff in error; but the court interrupted the counsel and declined to hear further argument. The case is stated in the opinion.
Mr. J. P. Tucker for plaintiff in error. Mr. Charles Levi Woodburry was with him.
Mr. Assistant Attorney General Maury for defendant in error.
delivered the opinion of the court.
In this cause, trial by jury was waived by agreement of the parties in writing, duly filed, and the case was tried by the court. But the record discloses no finding upon the facts, either general or special, in accordance with the statute, (B.ev. Stat. §§ 649, 7Ó0,) and no questions are therefore open to our revision as an appellate tribunal.
As the Circuit Court had jurisdiction of the subject matter and the parties, its judgment must be presumed to be right, and on that ground Affirmed.