United States Supreme Court Cases & Opinions

U.S. Supreme Court

Lehnen v. Dickson, 148 U.S. 71 (1893)

Lehnen v. Dickson

No. 125

Argued February 2-3, 1893

Decided March B, 1893

148 U.S. 71

Syllabus

When the record shows that the case was tried below by the court without a jury, and there is no special finding of facts and no agreed statement of facts, but only a general finding, this court must accept that finding as conclusive, and limit its inquiry to the sufficiency of the complaint and of the rulings, if any be preserved, on questions of law arising during the trial.

No mere recital of the testimony, whether in the opinion of the court or in a bill of exceptions, can be deemed a special finding of facts within the scope of the statute.

In Missouri, in an action of unlawful detainer, the defendant put in evidence a lease of the property by the then owner, who had since died, which had been assigned to him. The plaintiff offered evidence of a judgment canceling and setting aside that lease, which was admitted under objection, and the admission excepted to. Held that the ruling was right.

The case is stated in the opinion.

Page 148 U. S. 72