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Wall. 1; Kearney v. Case, 12 Wall. 275.) An opinion reciting some evidence, and stating evidence instead of facts found, is not a statement of facts (Insurance Co. v. Tweed, 7 Wall. 44); and a statement or opinion filed after entry of judgment cannot be regarded (Flanders v. Tweed, 9 Wall. 425; United States v. King, 7 How. 833; see McGavock v. Woodlief, 20 How. 221); so, a mere report of the evidence is not a sufficient statement of facts (Crews v. Brewer, 19 Wall. 70); and a statement filed without consent of the parties after issue and service of the writ of error cannot be regarded. (Generes v. Bonnemer, 7 Wall. 564; Avendano v. Gay, 8 Wall. 376.) When the cause is tried by the court without a jury, judgment will be affirmed if there is neither a special verdict, nor an agreed statement of facts, nor a bill of exceptions to rulings. (Minor v. Tillotson, 2 How. 392Prentice v. Zane, 8 How. 470; Guild v. Frontin, 18 How. 135; Kelsey v. Forsyth, 21 How. 84; Lawler v. Claflin, 22 How. 23; Orleans v. Gaines, 22 How. 141; Gilman v. Illinois & M. Tel. Co., 91 U. S. 603.) The decision of the circuit court on the weight of evidence is conclusive. (Bond v. Brown, 12 How. 254.

Special findings.-If finding of the facts is special, it should be set forth on the record in the nature of a special verdict. (Hyde v. Booraem, 16 Peters, 169; U. S. v. King, 9 How. 833; Weems v. George, 13 How. 190; see Parsons v. Armor, 3 Peters, 413.) If there is a special finding, the evidence will not be examined to see whether the finding is right. (Saulet v. Shepherd, 4 Wall. 502; Copelin v. Ins. Co. 9 Wall. 461; Insurance Co. v. Folsom, 18 Wall. 237; Insurance Co. v. Sea, 21 Wall. 158; U. S. v. Dawson, 101 U S. 569; Tyng v. Grinnell, 92 U. S. 467.) The review extends to the sufficiency of the facts found to support the judgment (Tyng v. Grinnell, 92 U. S. 467) If not sufficient to support the judgment, the case may be remanded for trial on other issues involved therein. (Ex parte French, 91 U. S. 423.) If there is no special finding of facts, the Supreme Court cannot examine the evidence to determine whether it is sufficient to support the judgment. (Norris v. Jackson, 9 Wall, 125; Gereres v. Campbell, 11 Wall. 193; Miller v. Life Ins. Co., 12 Wall. 285; Richmond v. Smith, 15 Wall. 429; Dickinson v. Planters' Bank, 16 Wall. 250; Etate v. Marcy, 18 Wall. 552; Farrell v. U. S., 99 U. S. 221.) If there is no error in making up the findings of fact, the judgment may be reversed and a new trial awarded. (Flanders y. Tweed, 9 Wall. 425.)

Exceptions to be taken.-An objection to the admission or exclusion of evidence or to the ruling on propositions of law must appear by bill of exceptions (Norris v. Jackson, 9 Wall. 125); so where the objection is that the evidence was not sufficient to justify 'the finding. (Cucullu v. Emmerling, 22 How. 83.) If the verdict is general, only such rulings can be reviewed as are presented by bill (Norris v. Jackson, 9 Wall. 125; Miller v. Life Ins. Co., 12 Wall. 285); and the bill of exceptions cannot be used to bring up the whole testimony for review (Dirst v. Morris, 14 Wall. 484; see Coddington v. Richardson, 10 Wall. 516); but whether the finding is general or special, the rulings if excepted to may be reviewed (Miller v. Life Ins. Co., 12 Wall. 285); and no bill of exceptions is necessary to bring up on the record the findings, whether general or special (Insurance Co. v. Boon, 95 U. S. 117.) The mere fact that other evidence was given besides what is found in the bill of exceptions is no objection to the examination of the question of law presented by it. (Arthurs v. Hart, 17 How. 6.) A general exception to a special finding is not sufficient (Insurance Co. v. Sea, 21 Wall. 158); and no exception can be taken to a refusal to make a special finding. (Insurance Co. v. Folsom, 18 Wall. 237.) Exceptions to rulings of the court must be taken at the time. (Nickerson v. Steamship Co., 4 Morr. Trans. 360.) The court refuses to consider errors assigned on a mere motion for a new trial and not made part of the record by bill of exceptions. (Levy v. Danzel, 3 Morr. Trans. 115.) Alleged errors not brought to the attention of the inferior court cannot be considered. (Davis v. Fredericks, 104 U. S. 618.) Where

no bill of exceptions is taken, this court cannot consider the validity of an order setting aside a nonsuit. (Loring v. Frue, 3 Morr. Trans. 174.) Bills of exceptions must embody the evidence, or refer to the evidence contained in other parts of the record. (Jones v. Buckell, 3 Morr. Trans. 555.) A prayer for instructions presented as a whole is properly refused if any of them is erroneous. (U. S. v. Hough, 103 U. S 71.) It is error to instruct touching the law applicable to facts not supported by evidence. (Jones v. Van Benthuysen, 103 U. S. 87.) Where the bill of exceptions sets forth all the facts, the judgment will not be reversed, because a peremptory instruction was given to return a verdict in favor of the plaintiff. (Arthur v. Jacoby, 103 U S. 677.) A verdict in assumpsit is amendable, and judgment may be rendered thereon for the damages thereby caused. (Miles v. U. S., 103 U. S. 261.) An amended bill filed without leave eight years after a bill in equity had been filed will be dis. regarded on appeal. (Terry v. McClure, 103 U. S. 442. An order made by the court below by consent of parties is binding on them on appeal. (Water Works Co. v. Barrett, 103 U. S. 516) A cause not entitled to precedence will not, over objections, be advanced in order to be heard before another case on the docket. (Lousiana vs. New Orleans, 103 U. S. 521.) Where the only question presented arises on the finding of facts, the appeal will be dismissed. (Nickerson v. Merchants' S. Co., 12 Fed. Rep. 325, note.)

CHAPTER XIV.

PROVISIONS COMMON TO MORE THAN ONE COURT OR JUDGE.

§ 225. Exclusive jurisdiction of courts of United States.

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§ 228.

§ 229.

Judges resigning entitled, in certain cases, to salary for life.
Criers of the courts-Attendants on juries.

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§ 231.

§ 232.

That every receiver may be sued without previous leave of court.
Issue of search-warrants.

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§ 240. Injunction to stay proceedings in State courts.

§ 241.

Laws of the States, rules of decision.

§ 242. Proceedings, civil and criminal, in vindication of civil rights. When suits in equity may be maintained.

§ 243.

§ 244.

$ 245.

Power to order production of books and writings in actions at law.
Power to impose oaths and punish contempts.

§ 246.

Occupants of lands-Remedies for improvements.

Power to hold to security for the peace and good behavior.

§ 247. New trials.

§ 248.

§ 249.

Power to enforce awards of foreign consuls, etc., in certain cases. § 250. Proceedings to enjoin comptroller of the currency.

§ 251. Suits, where brought.

§ 252. Parties may plead their own causes.

§ 253.

Officers forbidden to practice as attorneys. § 254. Penalty.

§ 255. Final record-How made.

§ 225 (711). Exclusive jurisdiction of courts of United States. The jurisdiction vested in the courts of the United States, in the

cases and proceedings hereinafter mentioned, shall be exclusive of the courts of the several StatesFirst. Of all crimes and offenses cognizable under the authority of the United States.

Second. Of all suits for penalties and forfeitures incurred under the laws of the United States.

Third. Of all civil causes of admiralty and maritime jurisdiction; saving to suitors, in all cases, the right of a common-law remedy, where the common law is competent to give it.

Fourth. Of all seizures under the laws of the United States, on land or on waters not within admiralty and maritime jurisdiction.

Fifth. Of all cases arising under the patentright or copyright laws of the United States.

Sixth.

ruptcy. Seventh.

Of all matters and proceedings in bank

Of all controversies of a civil nature, where a State is a party, except between a State and its citizens, or between a State and citizens of other States, or aliens. (Rev. Stats. sec. 711.)

By the statutes of the United States, Federal courts have jurisdiction, exclusive of the courts of the several States, of "all crimes and offeuses cognizable under the authority of the United States." (Rev. Stats. sec. 711, cl. 1; Cross v. State, 132 U. S. 132; Thomas v. 1oney, 134 U. S. 372.) Sec. 711 defines the cases in which "the jurisdiction vested in the courts of the United States" shall be "exclusive of the courts of the several States," and among such are "all suits for pena'ties and forfeitures incurred under the laws of the United States." (First Nat. Bank of Charlotte v. Morgan, 132 U. S. 141.) The criminal jurisdiction of the Federal courts does not extend to the great lakes and their connecting waters. (Ex parte Byers, 32 Fed. Rep. 404.) The common-law rule that qui tam actions on penal statutes do not survive, prevails in the Fed

FED, PROC.-46.

eral courts as to actions on penal statutes of the United States, even in States where the statutes of the State allow suits on State penal statutes after the death of the offender. (Schreiber v. Sharpless, 110 U. S. 76.)

$226 (712). Oath of United States judges. The justices of the Supreme Court, the circuit judges, and the district judges, hereafter appointed, shall take the following oath before they proceed to perform the duties of their respective offices: "I, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States: So help me God." (Rev. Stats. sec. 712.)

§ 227 (713). Judges prohibited from practicing law. It shall not be lawful for any judge appointed under the authority of the United States to exercise the profession or employment of counsel or attorney, or to be engaged in the practice of the law. And any person offending against the prohibition of this section shall be deemed guilty of a high misdemeanor. (Rev. Stats. sec. 713.)

§ 228 (714). Judges resigning entitled, in certain cases, to salary for life. When any judge of any court of the United States resigns his office, after having held his commission as such at least ten years, and having attained the age

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