Cooper v. Omohundro,
86 U.S. 65 (1873)

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U.S. Supreme Court

Cooper v. Omohundro, 86 U.S. 19 Wall. 65 65 (1873)

Cooper v. Omohundro

86 U.S. (19 Wall.) 65




The case of Folsom v. Insurance Company, 18 Wall. 237, and the numerous cases there cited, p. 244 [argument of counsel -- omitted], affirmed, and the doctrine again declared that where a jury is waived and the issues of fact submitted to the circuit court, under the Act of March 3, 1865 (quoted in the report of the case cited, p. 85 U. S. 238), this Court will not review the finding of the court where it is general and unaccompanied by any authorized statement of facts, and that in the case of such general finding,

"nothing is open to review by the losing party under a writ of error except the rulings of the circuit court in the progress of the trial, and that the phrase 'rulings of the court in the progress of the trial' does not include the general finding of the circuit court nor the conclusions of the circuit court embodied in such general finding. "

Page 86 U. S. 66

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