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ROGERS V. UNITED STATES, 141 U. S. 548 (1891)

U.S. Supreme Court

Rogers v. United States, 141 U.S. 548 (1891)

Rogers v. United States

No. 78

Argued November 5, 1891

Decided November 16, 1891

141 U.S. 548


Where an action at law was tried by a district court without a jury, which found the facts and conclusions of law, and entered judgment for the plaintiff thereon, and a bill of exceptions was signed which stated that the defendant moved the court to direct a verdict for him, on the ground that, as matter of law, no action could be maintained by the plaintiff, and the circuit court, on a writ of error, affirmed the judgment, and the defendant then sued out a writ of error from this Court:


(1) The circuit court could not properly consider any matter raised by the bill of exceptions, nor can this Court do so, because the trial was not by a jury nor on an agreed statement of facts.

(2) All that the Circuit Court could do was to affirm the judgment of the district court, and all that this Court can do is to affirm the judgment of the Circuit Court, as the latter court had jurisdiction and this Court has it.

The case is stated in the opinion.

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