Martinton v. Fairbanks
112 U.S. 670 (1885)

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U.S. Supreme Court

Martinton v. Fairbanks, 112 U.S. 670 (1885)

Martinton v. Fairbanks

Submitted December 15, 1884

Decided January 6, 1885

112 U.S. 670

Syllabus

When there is no demurrer to the declaration or other exception to the sufficiency of the pleadings, no exception to the rulings of the court in the progress of the trial, in the admission or exclusion of evidence, or otherwise, no request for a ruling upon the legal sufficiency or effect of the whole evidence, or no motion in arrest of judgment, and the only matter presented by the bill of exceptions which this Court is asked to review arises upon the exception to the general finding by the court for the plaintiff upon the evidence adduced at the trial, no question of law is presented which this Court can review.

This suit was brought by the defendant in error, as plaintiff below, to recover of the plaintiff in error, a municipal corporation, the amount of certain coupons on bonds issued in payment of a subscription to stock in a railroad corporation. The case was tried before the judge without the intervention of a jury. There was a general finding of facts and a judgment for the plaintiff below, and a general bill of exceptions by the defendant which incorporated all the evidence. The defendant sued out this writ of error. This and the other facts raising the question of jurisdiction appear in the opinion of the Court.

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