Page:Federal Reporter, 1st Series, Volume 8.djvu/384

IJ70 FEDERAL EBPOBTEE. , �writing was entered in the action, reciting that the action had been brought to a trial by the court, a trial by jury h'aving been duly waived, and a decision having been rendered for the plaintiff and filed, and adjudging that the plaintiff recover of the defendant $4,814.03. with $192.63 costs; in all, $5,006.66. It appears from the record that the interest included in the $4,814.03 was computed only up to March 5, 1879, and that in the $192.63 costs is included $116.09 interest from March 5, 1879, which appears to have been the day of the trial. There is in the record a bill of exceptions, but there does not appear <o be any assignment of errors in the district court or in this court. The bill of exceptions discloses exceptions by the defend- ant to decisions of the court at the trial overruling objections taken by the defendant to the admission of evidence offered by the plain- tiff, and exceptions by the defendant to refusais of the court, after the evidence on both sides was closed, to rule and decide in accordance with propositions made to the court by the defendant, and exceptions by the defendant to rulings and decisions by the court after the evi- dence on both sides was closed, and exceptions by the defendant to certain of the said andings of fact made by the court, and exceptions by the defendant to all of the said conclusions of law f ound by the court. �The plaintiff in error seeks to raise on the writ of error, by the bill of exceptions, questions as to the sufficiency of the proceedings to bind the town, as to the validity of the bonds, as to the power of the bank to purchase the coupons sued on, as to the operation and effect of a written agreement under which the bonds passed from the town commissioners, as to the portion of the bank a? a bonafide holder of the coupons, as to the status of the town as having returned the stock taken in exchange for the bonds, and generally as to the liability of the town on the bonds and coupons. None of these questions are so presented as to be the subject of consideration and revision by this court on the bill of exceptions, and the judgment below must, for the reasons herein often stated, be affirmed, without considering any of the above questions, except so far as they are raised by the demur- rer hereafter mentioned. �It is provided, by section 566 of the Revised Statutes, that — �"The trial of issues of fact in the district courts in all causes, except cases in equity, and cases of admiralty and maritime jurisdiction, and except as other- wise provided in proceeding in bankruptcy, shall he by jury." �There is no statutory provision in respect to district courts for the waiver of a trial by jury. There was Biich a provision in respect to circuit courts, in section 649 of the Revised Statutes, as follows: ��� �