County of Madison v. Warren/Opinion of the Court

This is a case tried and determined by the court without the intervention of a jury. The record does not show any stipulation in writing waiving a jury. The errors assigned all relate to rulings of the court on the trial, excepted to at the time and presented by bill of exceptions. The rule is well settled that if a written stipulation waiving a jury is not in some way shown affirmatively in the record, none of the questions decided at the trial can be re-examined here on writ of error. Kearney v. Case, 12 Wall. 283; Gilman v. Illinois & Mississippi Tel. Co. 91 U.S. 614; Boogher v. ''New York Life Ins. Co. 103 U.S. 96; Hodges v. Easton'', 1 SUP. CT. REP. 307.

For this reason, and without passing on any of the questions presented by the assignment of errors, we affirm the judgment.