74 F. 10 | 8th Cir. | 1896
This action was brought by Minnie Robinson, the defendant in error, against the United States Mutual
Much of the brief filed in behalf of the plaintiff in error is devoted to the discussion of the question whether the defendant in error had an insurable interest in the life of Moore, but there is no assignment of erro? raising that question.
The court was asked to make several declarations of law based on certain alleged facts, or upon facts which the court was asked to find, all of which were refused by the court upon the distinct ground that the facts were not such as the declarations requested assumed-litem to be, or as the court was asked to find them. The declarations were therefore irrelevant, and rightly refused.
When the finding of the court on (he issues of fact is general, and there are no exceptions taken to rulings of the court in the progress of the trial, and the complaint stales a cause of action, Hiere is nothing for (his court to consider. The presumption is that the finding was supported by the evidence, the proceedings regular, and the judgment valid. Rush v. Newman, 12 U. S. App. 635, 7 C. C. A. 136. and 58 Fed. 158; City of Plankinton v. Gray, 27 U. S. App. 321, 11 C. C. A. 268, and 63 Fed. 415. The judgment of the circuit court is affirmed.