Horace Gray, Town of Andes v. Slauson — Opinion of the Court
“ Questions of law arising upon the trial of an issue of fact cannot be made part of the record by bill of exceptions, unless the trial is by jury, or by the court after due waiver in writing of a jury trial ”
Horace Gray, Town of Andes v. Slauson — Opinion of the Court
“ The authority of this court to review the judgments of the circuit court by bill of exceptions and writ of error is regulated exclusively by the acts of congress and the practice of the courts of the United States, without regard to the statutes of the state, or the practice of its courts. In re Chateaugay Co., 128 U.S. 544, ante, 150. The right of review is limited to questions of law appearing on the face of the record, and does not extend to matters of fact or of discretion. ”
