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Lloyd v. McWilliams

Lloyd v. McWilliams, 137 U.S. 576 (1890)
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Court
Supreme Court of the United States
Decided
December 15, 1890
Docket
No. 109
Judges
Fuller
Citations
137 U.S. 57611 S. Ct. 17334 L. Ed. 7881890 U.S. LEXIS 2120
Cited by 8
Syllabus
When a trial by jury in a Circuit Court is waived by agreement, and the case is tried by the court, no questions are open for revision here, unless the record shows a finding of facts in accordance with the provisions of Rev. Stat. §§ 649, 700; and in such case, when brought here, the judgment of the Circuit Court will be presumed to be right and will be affirmed, if it appears' that that court had jurisdiction of the subject matter and of the parties.
Summary
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF RHODE ISLAND. This was an action to recover duties alleged to have been illegally exacted. When the cause was reached on the docketargument was begun on the part of the plaintiff in error; but the court interrupted the counsel and declined to hear further argument. The case is stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Fuller

*577 Mr. Chief Justice Fuller delivered the opinion of the court.

In this cause, trial by jury was waived by agreement of the parties in writing, duly filed, and the case was tried by the court. But the record discloses no finding upon the facts, either general or special, in accordance with the statute, (B.ev. Stat. §§ 649, 7Ó0,) and no questions are therefore open to our revision as an appellate tribunal.

As the Circuit Court had jurisdiction of the subject matter and the parties, its judgment must be presumed to be right, and on that ground Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1891: 11893: 11911: 21915: 11916: 11924: 11934: 118912026peak 1911 · 2

Relies on it most ⓘ

  1. Becker v. Evens & Howard Sewer Pipe Co.70 F.2d 596 (8th Cir. 1934)
  2. Hartford Fire Ins. v. War Eagle Coal Co.295 F. 663 (4th Cir. 1924)
  3. Fellman v. Royal Ins. Co.184 F. 577 (5th Cir. 1911) · Dissent
  4. Fellman v. Royal Ins.185 F. 689 (5th Cir. 1911)
  5. Hosler v. Ireland219 F. 489 (8th Cir. 1915)
  6. British Queen Mining Co. v. Baker Silver Mining Co.139 U.S. 222 (1891)

Most recent

  1. Becker v. Evens & Howard Sewer Pipe Co.70 F.2d 596 (8th Cir. 1934)
  2. Hartford Fire Ins. v. War Eagle Coal Co.295 F. 663 (4th Cir. 1924)
  3. Francheschi v. Jones8 P.R. Fed. 632 (D.P.R. 1916)
  4. Hosler v. Ireland219 F. 489 (8th Cir. 1915)
  5. Fellman v. Royal Ins.185 F. 689 (5th Cir. 1911)
  6. Fellman v. Royal Ins. Co.184 F. 577 (5th Cir. 1911) · Dissent

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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