RUDKIN, Circuit Judge (after stating the facts as above).
The issues of fact in this case having been determined by the court without the intervention of a jury, according to section 649 of the Revised Statutes (Comp. St. § 1587), the rulings of the court in the progress of the trial, if excepted to at the time and duly presented by bill of exceptions, are subject to review by this court, and, if the finding is special, the review may extend to the determination...
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