(Download) "Bethell v. Mathews" by United States Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Bethell v. Mathews
- Author : United States Supreme Court
- Release Date : January 01, 1871
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
ERROR to the Circuit Court for the District of Louisiana, the case being this: The act of Congress of March 3d, 1865,1 authorizing the Circuit Courts of the United States, on written stipulation of the parties or their attorneys filed, to try issues of fact in civil cases without the intervention of a jury, enacts that–– '§ 4. The findings of the court upon the facts . . . shall have the same effect as the verdict of a jury.' With this statute in force, Bethell sued Mathews in the court below on certain promissory notes. A written stipulation signed by the parties was filed, waiving a jury and submitting the cause for trial by the court. It was so tried, accordingly. Six bills of exception, all by the defendant, were taken to testimony offered by the plaintiff, and all overruled. On the 2d of May, 1870, for reasons orally assigned, the court, not having made any findings of fact, ordered 'that judgment be entered in favor of the defendant,' and it was so signed accordingly four days afterwards. On the 10th of June, thirty-nine days after the judgment was rendered, the counsel filed a 'statement of facts proved in the case,' which statement was signed by them. The present writ of error was taken to review the judgment given in the case; the record disclosing the proceedings as above mentioned.
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