Louis Brandeis

“ This is an action at law brought in the federal court for Montana on a contract for insurance issued under the War Risk Insurance Act as amended by Act October 6, 1917, c. 105, 40 Stat. 398, 409 (Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 514a, 514k et seq.) . The United States filed an answer denying liability and moved for trial without a jury. The motion was granted. At the close of plaintiff's evidence the defendant moved for judgment. The motion was denied. No special findings of fact were made. Judgment for $3,335 was entered for the plaintiff upon a general finding. ”

“ The bill of exceptions and the assignment of errors do not attempt to present any other question which is substantial. The petition confessedly set forth a good cause of action. The District Court had jurisdiction of the parties and of the subject matter. ”

“ Its judgment must be reversed and that of the District Court must stand, because the case was tried without a jury and there was only the general finding for the plaintiff. Neither the evidence, nor the questions of law presented by it, were reviewable by the Court of Appeals. To inquire into the facts and the conclusions of law on which the judgment of the lower court rests was not permissible. Norris v. Jackson, 9 Wall. 125, 19 L. Ed. 608; Insurance Co. v. ”