British Queen Mining Co. v. Baker Silver Mining Co.

Majority — Puller C.J.

p. 222

BRITISH QUEEN MINING COMPANY v. BAKER SILVER MINING COMPANY.

Syllabus

Error to the circuit court of the united states for the DISTRICT OF COLORADO.

No. 169.

Argued March 13, 1891.

Decided March 16, 1891.

There being no exceptions to the rulings of the court in the progress of the trial, and the findings of fact by the court being general, the record raises no question open to revision.

The case is stated in the opinion. Argument was begun on behalf of the plaintiff in error, but the court, on examining the record, declined to hear further argument.

Mr. James B. Reilly for plaintiff in error.

Mr. A. JE. Wintersteen and Mr. Wayne McVeagh, filed a brief for defendant in error. Mr. E. T. Wells, Mr. R. T. McNeal and Mr. John G. Taylor also filed a brief for same.

delivered the opinion of the court.

This case was tried by the Circuit Court, without a jury, and under §§ 649 and 700, Rev. Stat., the finding must be “ either general or special.” It cannot be both. Here there was a general finding.

The record contains a bill of exceptions, but no exceptions to the rulings of the court in the progress of the trial of the cause were thereby duly presented, and although after reciting the evidence it is therein stated that “ the court thereafter and during the said term made the following findings of fact and judgment thereon,” which is followed by an opinion of the court assigning reasons for its conclusions, this cannot be treated as a special finding enabling us to determine whether the facts found support the judgment, nor can the general finding be disregarded. Dickinson v. Planters’ Bank, 16 Wall. 250 ; Ins. Co. v. Folsom, 18 Wall. 237 ; Norris v. Jackson, 9

p. 223

Wall. 125 ; Flanders v. Tweed, 9 Wall. 425 ; Ins. Co. v. Tweed, 7 Wall. 44 ; Miller v. Life Ins. Co., 12 Wall. 285 ; Ins. Co. v. Sea, 21 Wall. 158 ; Martinton v. Fairbanks, 112 U. S. 670 ; Raimond v. Terrebonne Parish, 132 U. S. 192 ; Glenn v. Fant, 134 U. S. 398 ; Lloyd v. McWilliams, 137 U. S. 576 .

The record raises no questions open to revision by us and the judgment is Affirmed.

Cases cited

Dickinson v. Planters' Bank 16 Wall. 250 SCOTUS p. 222
Insurance Co. v. Folsom 18 Wall. 237 SCOTUS p. 222
Flanders v. Tweed 9 Wall. 425 SCOTUS p. 223
Insurance Co. v. Tweed 7 Wall. 44 SCOTUS p. 223
Miller v. Life Insurance 12 Wall. 285 SCOTUS p. 223
Insurance Co. v. Sea 21 Wall. 158 SCOTUS p. 223
Martinton v. Fairbanks 112 U. S. 670 SCOTUS 1885-01-05 p. 223
Raimond v. Terrebonne Parish 132 U. S. 192 SCOTUS 1889-11-25 p. 223
Glenn v. Fant 134 U. S. 398 SCOTUS 1890-03-24 p. 223
Lloyd v. McWilliams 137 U. S. 576 SCOTUS 1890-12-15 p. 223