James Clark McReynolds

“ We are unable to accept the conclusion below that within the intent of the statute the 'progress of the trial' ended on June 1, when the court ordered 'that judgment be entered for plaintiff, with interest and costs, upon findings of fact and conclusions of law to be presented,' and thereafter it was too late adequately to present special findings of fact. The qualifying words in the order, 'upon findings of fact and conclusions of law to be presented,' are appropriate to suggest 'merely a preliminary order' and reservation of opportunity for further action. ”

“ Within five days after written notice of the decision, the prevailing party shall prepare a draft of the findings and, in an equity suit, of the conclusions of law, and deliver the same to the Clerk for the Judge and serve a copy thereof upon the adverse party, who may, within five days thereafter, deliver to the Clerk and serve upon the adverse party such proposed amendments or additions as he may desire. ”

“ Refusal to consider the eleven assignments of error arose from what we regard as wrongful interpretation and application of section 875, 28 U.S.C.A. and Rule 42. Their evident purpose is to insure orderly and timely presentation to the judge of matters deemed important in advance of any definite action by him in respect of them. ”