Law v. United States, 266 U.S. 494 (1925)

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Law v. United States

No. 550

Argued December 8, 1924
Decided January 5, 1925
266 U.S. 494

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. A judgment of the district court based on a general finding for the plaintiff in a law case tried without a jury is not reviewable in the circuit court of appeals upon the ground that the plaintiff’s evidence failed to sustain the cause of action pleaded by the complaint. P. 496.

2. In an action on a contract for insurance issued under the War Risk Insurance Act, as amended October 6, 1917, jurisdiction of the district court is to be exercised in accordance with the laws governing the usual procedure of that court in actions at law for money compensation. Id.

3. Error in granting the government’s motion to sit without a jury in such a case cannot be complained of by the government. Id.

4. Denial of a motion for special findings cannot be complained of if not excepted to. Id.

299 F. 61 reversed.

Error to a judgment of the circuit court of appeals reversing a judgment for the plaintiff, in an action on a war risk insurance contract, and directing entry of judgment for the United States. For the opinion of the district court, see 290 F. 972.