Campbell v. United States,
224 U.S. 99 (1912)

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U.S. Supreme Court

Campbell v. United States, 224 U.S. 99 (1912)

Campbell v. United States

No. 161

Argued March 6, 1912

Decided March 18, 1912

224 U.S. 99


As §§ 566, 649, and 700, Rev.Stat., do not make any provisions for such a case, the trial of a case in the district court of the United States without a jury is in the nature of a submission to an arbitrator, and the court's determination of issues of fact and questions of law supposed to arise on its special findings is not a judicial determination, and therefore not subject to reexamination in an appellate court.

In such a case, the circuit court of appeals has no power to consider the sufficiency of facts found to support the judgment, but is limited to a consideration of such questions of law as are presented by the

Page 224 U. S. 100

record proper, independently of the special finding; and, in the absence of any such independent question, must affirm.

An objection to form of pleading that can be cured by amendment should be seasonably taken on the trial.

Where a statement in the answer that defendant had not and could not obtain sufficient information upon which to base a belief respecting the truth of an allegation in the complaint is not objected to in the trial court as an insufficient denial of the allegation, but is treated as sufficient, the objection cannot be made in an appellate court, and the truth of the allegation must be regarded as at issue.

170 F. 318 reversed.

The facts are stated in the opinion.

Page 224 U. S. 104

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