The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1914-07-16
An Open Letter to Judge Deemer
Constitutional Limitations on the Supreme Court

:. on the facts and the law, in FAVOR O
, the plaintiff or the defendant.
Black. Comm. 461.
| A general verdict is SO called be
cause the whole matter in issue II
, thereby found generally.
Bac. Abr. Tit. Verdict G.
A general verdict is direct state
! ment of conclusion of law and an
, indirect statement of the facts from
: which the conclusion is drawn: it ex
pressly affirms the law and Inherent
tally the facts.
j Smith v. ireland. Utah. 1877.
1 A general verdict is synthetic
compound Of law and fact. The spec
ial verdict is analytic. It finds the
facts and submits the law to the court
.I29 A. & E. Enc. (2nd ed) 1902,
iii, b.
1 Now II the supreme court in law
eases is, by the constitution. limited
to correcting errors OF law. how can
that court in case in which there is
but general finding and judgment
by the lower court do ought but re-
VERSE the lower courts judgment,
without violating the constitution? II
t1ere,is an absence of any fact or
facts to support the judgment, then
the legal conclusion Of the lower
court is wrong, and the supreme court
corrects an error OF law In reversing
the Judgment. If the facts In the case
support the judgment, no matter how
the supreme court may view the evil
dence in the record upon the facts,
there is no error of law in the judg-
ment, and, under the constitution,
that court is without authority to In
terfere with the judgment.
Under our constitution and statutes
the power OF the supreme court to re-
view a case at law is not greater
than that of the supreme court OF the
United States under the federal con-
stitution and statutes.
! In Martinton v. Fairbanks, 112 u.
s.. 67o, % L. ed. s62, the supreme
court said:
| "Mr. Justice Woods delivered the
opinion of the court:
| 1.-TWO actions of assumpsit were
brought by Fairbanks. the defendant
in error, against the town of Martin
ton, the plaintiff in error. One action
was brought upon what the declara-
ton alleges to be certain instruments
| in writing called promissory notes or
bonds or railroad bonds,' made and
! issued by the town. They were not
under seal and were payable to bear
er. The other was based on the
coupons or interest, warrants, also
mot under seal, which had belonged to
and had been detached from the said
bonds. The declaration in both cases
was in the form used in the action of
assumpsit. The plea in both cases
was the general issue. The Two suits.
were, by the agreement of the parties
and consent Of the court, consolidated
and tried together. The parties filed
with the clerk stipulation in writing,
by which they waived a trial by jury.
THE causes were thereupon tried
by the court as one case, ard its
action was thus stated upon the rec
ord: After hearing the evidence. the
court finds the issue for the plaintiff,
and assesses his damages at 1903.
Upon this finding the court entered
Judgment for the plaintiff for the
the damages so assessed
During the trial bill of excep.
lions was taken which simply set out
all of the evidence in the case, and
closed as follows: Which was all OF
the evidence offered in said causes:
on which evidence the court found for
the plaintiff in the sum of $11,209, and
entered judgment accordingly, to all
of which said defendant then and
there excepted And, as said facts do
not appear of record, this bill of ex-
Iceptions is prepared. and We ask that
the judge may sign and seal the
same; and it is done accordingly
There was no demurrer to the dec
laration or other exception to the suf
ficiency of the pleadings; no excep-
ton to the rulings Of the court in the
progress of the trial, in the admission
or exclusion of evidence, or otherwise;
mo request for ruling upon the legal
sufficiency or effect OF the whole Ell
dence: and there was no motion in
arrest of judgment. The only matter
presented by the bill of exceptions
which this court is asked to review,
arises upon the exception to the gen.
era1 finding by the court for the plain
tiff, upon the evidence adduced at the
trial. The defendant in error insist
that, upon this state Of the record.
no question of law is presented which
the cour1 here can review.
1--WE think this contention is we'll
founded. The provisions OF the acts
of congress which relate to the trial
OF issues OF fact by the court are
found in section % Of the act of Sep
TENDER "a, 1889, I state at L.. T3. CHI
90. AN act to establish the judicial
courts of the United States. and In
section of the acts of March 3, 1865,
~, a