BROWN ET AL.
v.
HARVEY COAL CORPORATION ET AL.
This is a law ease tried by agreement of the parties by the court below without a jury. The evidence introduced before the court is set out in the record, but there is no bill of exceptions. A general judgment was rendered for the defendant pursuant to an opinion filed by the court. No findings of fact were made or requested, nor did the plaintiffs (appellants here) take exceptions at any time during the progress of the trial to rulings on matters of law, or duly preserve them by bill of exceptions. In this state of the record, matters of fact or conclusions of law embodied in the general finding are not open to review. Fleischmann Construction Co. v. United States, 270 U. S. 349, 46 S. Ct. 284, 70 L. Ed. 624; Law v. United States, 266 U. S. 494, 45 S. Ct. 175, 69 L. Ed. 401; United States v. Gordin, 9 F.(2d) 394 (6 C. C. A.); Roark v. Fordson Coal Co., 10 F.(2d) 70, 71 (6 C. C. A.); Oyler v. Cleveland, etc., Ry. Co., 16 F.(2d) 455 (6 C. C. A.); Akre v. Liberty State Bank (C. C. A.) 24 F.(2d) 816; Ocean Accident & Guarantee Corporation v. Pearson, 37 F.(2d) 896 (6 C. C. A.); Wynne v. Fries, 50 F.(2d) 761 (6 C. C. A.).
Affirmed.
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Sampliner v. Md. Cas. Co., 63 F.2d 332 (6th Cir. 1933)
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Mittry Bros. Const. Co. v. United States, 75 F.2d 79 (9th Cir. 1934)
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Roach v. Minshall, 85 F.2d 614 (6th Cir. 1936)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fleischmann Constr. Co. v. United States to the Use of Forsberg, 270 U.S. 349 (U.S. 1926)
- LAW v. United States, 266 U.S. 494 (U.S. 1925)
- Oyler v. Cleveland, 16 F.2d 455 (6th Cir. 1926)
- United States v. Gordin (two cases), 9 F.2d 394 (6th Cir. 1925)
- Akre v. Liberty State Bank of Minneapolis, 24 F.2d 816 (8th Cir. 1928)
- Ocean Accident & Guar. Corp. v. Pearson, 37 F.2d 896 (6th Cir. 1930)
- Wynne v. Fries, 50 F.2d 761 (6th Cir. 1931)
- Roark v. Fordson Coal Co., 10 F.2d 70 (6th Cir. 1926)