BRITISH QUEEN MINING COMPANY v. BAKER SILVER MINING CO.

No. 169.

139 U.S. 222 (1891)

BRITISH QUEEN MINING COMPANY v. BAKER SILVER MINING COMPANY.

Supreme Court of United States.

Decided March 16, 1891.


Attorney(s) appearing for the Case

Mr. James B. Reilly for plaintiff in error.

Mr. A.H. Wintersteen and Mr. Wayne McVeagh filed a brief for defendant in error. Mr. E.T. Wells, Mr. R.T. McNeal and Mr. John G. Taylor also filed a brief for same.


MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

This case was tried by the Circuit Court, without a jury, and under §§ 649 and 700, Rev. Stat., the finding must be "either general or special." It cannot be both. Here there was a general finding.

The record contains a bill of exceptions, but no exceptions to the rulings of the court in the progress of the trial of the cause were thereby duly presented, and although after reciting the...

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