“ The case is thus presented to this court, as if on a writ of error to a judgment of the court rendered on a general verdict in favor of the defendant in error, and where there is no question arising on the pleadings, and where there was no ruling on the trial of the cause against the plaintiff in error. In such a case the judgment of the lower court must be affirmed as of course.
It has been often decided that a plaintiff in error cannot take advantage of rulings upon exceptions in his own favor, even if erroneous. Nor can a statement of facts signed by counsel be noticed upon error. ”

“ 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. ”