Bouldin v. Alto Mines Co.

*302 RUDKIN, Circuit Judge. This is a writ of error to review a judgment in an action at law tried by the court without a jury. In such cases the rule is firmly established that the jurisdiction of this court to review the rulings of the court below, with minor exceptions not material here, is dependent upon a compliance with the requirements of section 649 of the Revised Statutes (Comp. St. § 1587), namely, the filing with the clerk of a stipulation in writing waiving a jury. No other waiver will suffice, and in the absence of such a stipulation we can only look to the process, pleadings, and judgment. Bond v. Dustin, 112 U. S. 604 , 5 Sup. Ct. 296, 28 L. Ed. 835 ; Road Imp. District v. St. Louis S. W. Ry. Co., 257 U. S. 547, 562 , 42 Sup. Ct. 250, 66 L. Ed. 364 ; Columbus Compress Co. v. United States F. & G. Co., 186 Fed. 487 , 108 C. C. A. 465 ; Ladd & Tilton Bank v. Lewis A. Hicks Co., 218 Fed. 310 , 134 C. C. A. 106 ; Ford v. United States, 260 Fed. 657 , 171 C. C. A. 421 . There is no error apparent upon the face of the record, and the judgment of the court below must therefore he affirmed.