Page:Federal Reporter, 1st Series, Volume 5.djvu/506

i94 FEDEBAIi BEPUBTEB. �application by either party, the law would apply the credits, as Frankel & Blook did, to the payment of the items and balances "according to the priority of time." Jd.; V. S. v. Kirkpatrick, 9 Wheat. 720. �My conclusion upon the whole case is that there must be. a general finding of fact for the plaintifs, the amount of the judgment to be ascertained in accordance with the foregoing opinion. ���Maeib V. Stbousb. {dreuit Court, D. Nevada. July 5, 1880.) �1. Motion— Appearancb. �A general sppearance and consenting to a contiauance is a waiver of irregularity in the notice. �2. Ihterbst — AccoDHT Statbd. �An account stated is a new promise, and not a promise to pay any particular item which went into it. �3. FrNDHiG op Fact. �After a general flnding of fact, Judgment thereon, and the lapse of a term, special andings caanot be added to or substituted for the gen^ eral flnding. �4. Bamb. ' �A circuit court is not bound to make a special finding. �6. BiLI. OF EXOEPTIONS. ... �Notwithstanding the rule of court requiring a bill of exceptions to be drawn up within 10 days after the triai, a case ilnay be excepted from its operation when it is just to do so. �Motion for New Trial. �Kirkpatrick e Stephens &nà Lewis d; Deal, for plaintiff. �B. C. Whitman and Jonm Seely, for defendant. �HiLLYBE, D. J. This cause was tried at the last term of tliis court without the intervention of a jury. On the twen- tieth day of January, 1880, the court filed a general finding of fact in favor of the plaintiff, upon which judgment was entered the same day. A stay of proceedings for 20 days was granted to enable the defendant to file a bill of excep- ����