Page:Federal Reporter, 1st Series, Volume 5.djvu/510

498 FEDERAL REPORTBH. �filea as part ot the record in this case. In cases in which amendments 6t the record have been permitted, it has been dooe to supply some defect,'and to conform it with the truth or the real intention of the court. But in the present case there is no defect in the record. It speaks the truth, and is exactly that which the court intended it should be. �The general finding of the issues of fact in favor of the plaintiff satisfies the requirements of section 649, and -was made and signed by the judge, and intended to be a general, as distinguished from a special, finding. Here, then, there is . no defect, no mistake, no error; "the record conforms to and «xhibits the truth." A special finding of facts, if signed and allowed to be filed now, would contradict the record. The judgment of this court was based upon a general, not a spe- cial, verdict. There is nothing in this record by which the amendment asked can be made. In the case of Ins. Co. v. Boon, 95 U. S. 117, there was no technieal finding of facts, general or special, and there was therefore a defect in the record. The opinion read on the decision, and filed, con- "tained the statement of facts upon which the judgment was based. "Ail that was wanting to make it a suffieient special finding," say the court, "was that it was not entitled 'finding of facts.' " I see nothing in that case to warrant the course asked in this. That was the correction of a defect in the rec-, ord in conformity to the truth, by the aid of the opinion of the judge; this would be a change of the record not in ac- cordance with, but in contradiction of, the truth- The prayer that special findings of fact be signed and filed nunc pro tune, as of the November term, must be denied. �The other question is whether a bill of exceptions can now properly be sealed and filed for the first time. Notwith- standing the rule of this court prescribing the time within which bUls of exception must be dràwn ,up, it is undoubtedly mthin the power of the court to except a particular case from its operation whenever it is just to do so. U. S. v. Breitling, 20 How. 252. At the time judgment in this case was ren- ■dered, the defendant's attorney was absent in Colorado, and .1 am disposed, under ail the circumstances to allow a proper ����