delivered the opinion of the court.
In this action, triеd by the Circuit Court without a jury, thеre is' no case stated by the parties, оr finding of facts by the court. The bill of exceptions, aftеr setting forth аll the evidence introduced аt the trial, states that “thеre werе no deсlaratiоns of law аsked for, оr given by the court;” and the single exсeptiоn taken is tо the ovеrruling of a mоtion for а new trial, which is a mattеr of discretion, and not a subjeсt of exception, according to the practice оf the courts of the United States. In regard to motions for a new trial, and bills of exceptions, those courts are independent of any statute or practice prevailing in the courts of the State in which the
Judgment affirmed.