LLOYD
v.
MCWILLIAMS

U.S. | 1890-12-15
No. 109
137 U.S. 576 Supreme Court of the United States (1890) Negative Treatment
Also reported at: 34 L. Ed. 788 · 11 S. Ct. 173 · SCDB 1890-065 · 1890 U.S. LEXIS 2120
Cited by 14 cases
Opinion of the Court
Mr. Chief Justice Fuller

Mr. Chief Justice Fuller 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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • White v. United States, 48 F.2d 178 (10th Cir. 1931)
    …made by the .court during the progress of the trial, should be presented to the appellate court by ‘a proper bill of exceptions. Federal I. C. Bank y. L’Herisson (C. C. A. 8) 33 F.(2d) 841, 843; Preston v. Prather, 137 U. S. 604, 608, 11 S. Ct. 162, 34 L. Ed. 788; Kelly-Springfield Tire Co. v. Bobo (C. C. A. 9) 4 F.(2d) 71, 74; Ana Maria Sugar Co. v. Quinones (C. C. A. 1) 251 F. 499, 504; Merriam y. Huselton (C. C. A. 8) 45 F.(2d) 983. In a jury waived case, where the parties make and file an agreed stateme…
  • British Queen Mining Co. v. Baker Silver Mining Co., 139 U.S. 222 (U.S. 1891)
    …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.…
  • Baird v. Franklin, 141 F.2d 238 (2d Cir. 1944)
    ….Y. 454; In re Ziegler’s Estate, 258 App.Div. 1077, 18 N.Y.S.2d 24; La Monte v. Mott, 93 N.J. Eq. 229, 107 A. 462, 116 A. 269; Lowndes v. City Nat. Bank, 82 Conn. 8, 72 A. 150, 22 L.R.A.,N.S., 408; and Preston v. Prather, 137 U.S. 604, 11 S.Ct. 162, 34 L. Ed. 788. And see, also, Davis v. Garrett, quoted above, and the illuminating discussion by Dean Morgan, 56 Harv.L.Rev. 1324, 1329, 1330. There are, of course, many useful analogies, such as the famous presumption and burden in admiralty against a ship in co…

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