BRITISH QUEEN MINING COMPANY
v.
BAKER SILVER MINING COMPANY

U.S. | 1891-03-16
No. 169
139 U.S. 222 Supreme Court of the United States (1891) Caution
Also reported at: 35 L. Ed. 147 · 11 S. Ct. 523 · SCDB 1890-167 · 1891 U.S. LEXIS 2376
Cited by 93 cases

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Synopsis

The Supreme Court affirmed a Circuit Court judgment in a mining dispute between British Queen Mining Company and Baker Silver Mining Company, holding that a general finding of fact in a bench trial cannot be disregarded or treated as a special finding merely because the court issued an opinion explaining its conclusions, and that without properly presented exceptions to the trial court's rulings, no issues were open for appellate review.

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Opinion of the Court
Mr. Chief Justice Puller

Mr. Chief Justice Puller 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 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.

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Citator

Cited By (54 total)

  • Fla. E. Coast Ry. Co. v. the State of Fla. by Fla. R.R. Comm'rs, 77 Fla. 571 (Fla. 1919)
    …S. 134, 39 Sup. Ct. Rep. 237, Adv. Ops. 1918-1919, p. 250, is well founded in equity. The doctrine, said he, has been most fully recognized in the decisions of the Supreme Court of the United States. In Northwestern Fuel Co. v. Brock, 139 U. S. 216, 11 Sup. Ct. Rep. 523, the plaintiff recovered judgment for a certain amount against the defendant. After-wards, the judgment was reversed by the Supreme Court of the United States for want of jurisdiction. In the meantime the plaintiff had collected certain sums on the…
  • Lindsley v. Phare, 115 Fla. 454 (Fla. 1934)
    …n case, a writ of restitution issued at once. Arkadelphia Mill Co. v. St. Louis S. W. Ry. Co. supra. Proceedings for restitution are in the control of the court reversed, and all parties should be heard. Northwester Fuel Co. v. Brock, 139 U. S. 216, 11 Sup. Ct. Rep. 523, 35 L. Ed. 151. In the case of Bank of United States v. Bank of Wash [*472] ington, 6 Peters 8, 8 L. Ed. 299, supra, it was held that where defendants' in execution paid a judgment after giving notice of their intention to seek its reversal, they c…
  • Fleischmann Constr. Co. v. United States to the Use of Forsberg, 270 U.S. 349 (U.S. 1926)
    …n, is not a special finding of facts within the meaning of the statute. Insurance Co. v. Tweed, 7 Wall. 44, 51; Dickinson v. Planters’ Bank, 16 Wall. 250, 257; Raimond v. Terrebonne Parish, 132 U. S. 192, 194; British Mining Co. v. Baker Mining Co., 139 U. S. 222; York v. Washburn (C. C. A.), 129 Fed. 564, 566; United States v. Stock Yards Co. (C. C. A.), 167 Fed. 126, 127. And it is settled by repeated decisions, that in the absence of special findings, the general finding of the court is conclusive upon…

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