Robert Cooper Grier

“ When the case is submitted to the judge, to find the facts without the intervention of a jury, he acts as a referee, by consent of the parties, and no bill of exceptions will lie to his reception or rejection of testimony, nor to his judgment on the law. ”

“ If testimony has been received after objection, or overruled, as incompetent or irrelevant, it should be stated, so that this court may judge whether it was competent, relevant, or material, in a just decision of the case. See Craig v. Missouri, 4 Pet. 427.
In Field v. The United States, 9 Pet. 202, Marshall, C. J., in delivering the opinion of the court, says: 'As the case was not tried by a jury, the exception to the admission of evidence was not properly the subject of a bill of exceptions. ”

“ The creditor is entitled to these damages without proving any loss, and whatever loss he may have suffered he can recover no more.' But we are of opinion that this objection is founded on a mistake of the nature of the action, which is not brought on the notes mentioned in the petition, but for damages suffered by the plaintiffs below, on account of the non-performance by the defendant of his stipulations contained in his act of partition. ”