68 F. 433 | 4th Cir. | 1895
This case comes up on a writ of error to the circuit court of the United States for the Western district of Virginia. The action was brought, in the circuit court under the provisions of the act of congress entitled "An act to provide for the bringing of suits against the United States,” approved March 3, 1887 (24 Stat. 505).
■ The plaintiff below (defendant in error here) in September, 1891, filed his petition against the United Slates, claiming payments for certain items in his account against the government as chief supervisor of elections, which had been presented to and disallowed by the first comptroller of the treasury. The disallowed items are as f ollow'S:
There are seven assignments of error. The seventh will be first considered, as it goes to the whole case. It is in these words:
“In failing to make specific findings of the facts in the case, as required by section 7 of the act of March 3, 1887 (24 Stat. 503).”
The section provides that:
“It shall be the duty of the court to cause a written opinion to be filed in the. cause setting forth the specific findings by the court of the facts therein and the conclusions of the court upon all questions of law involved in the case and to render judgment thereon.”
The court in this case filed an opinion, but did not file a separate finding of facts, followed by conclusions of law. The supreme court of the United States, in O’Reilly v. Campbell, 116 U. S., at page 421, 6 Sup. Ct. 421, discussing a case very similar to this says:
“Findings S,re not to bo construed with the strictness of special pleadings. It is sufficient if from them all, taken together with the pleadings, we can see enough upon a fair construction to justify the judgment of the court, notwithstanding their want of precision and the occasional intermixture of matters of fact and conclusions of law. Defects of form'should be called to the attention of the trial court by the objecting party, and the requisite correction of the findings would seldom be denied.”
It may be remarked in passing that the plaintiff in error had an opportunity of doing this when he made his motion for a new trial, and did not avail himself of it. The pleadings in this case set out in full the items of the account claimed, accompanied by the full text of allowances and disallowances by the department. These showed that no facts were disputed, and that the questions were all questions of law. The course pursued by the district attorney, interposing no formal denial, and proceeding to an argument on the pleadings of the petitioner, leads to the conclusion that the fact of service was not disputed, and that his objections were as to the legality of the charges. From these enough can be seen to enable an examination into the judgment of the court. There were four
It is better practice to state the findings of fact distinctly, and afterwards to set forth the conclusions of law. The statute, however, requires the court to tile a written opinion, and to render judgment thereon. When the facts do not seem to he disputed, and when the only questions made are whether the charges are according to the written law, it is difficult in an opinion to pursue any other course than that taken here. At all events, when, as in this case, the pleadings, exhibits, opinion, and judgment enable this court to see enough, upon a fair construction, to justify the judgment of the court'below, it: would push a regard for mere form very far if the cause were remanded solely for the purpose of changing the mode of presenting the conclusions of the circuit court:. This assignment of error is overruled. Of the other assignments of error, five go to the several items, and the sixth to the aggregate of them. Each of these has been considered, and the arguments against them, but no error in tlie ruling of the court has been seen.
The decree of the circuit court is affirmed.