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4 F.2d 390

Docket No. 4426.

Davis v. Ferd-Brenner Lumber Co.

Fifth Circuit Court of Appeals

Decided February 7, 1925.

Rehearing Denied March 10, 1925.)

Fifth Circuit Court of Appeals · decided 1925-02-07

2 counsel of record

Relies on Bank of Waterproof v. Fidelity & Deposit Co.

Opinion by (per_curiam) · Decided 1925-02-07

¶1Appeal and error <§=501(2, 3), 548(1) — No questions presented for review, where record shows no exceptions, evidence is not preserved by bill of exceptions, and assignments relate only to judgment.

¶2Where record showed no exceptions to rulings on pleadings or evidence, and evidence on which judgment- was based was not presented by bill of exceptions or otherwise, and where assignments related only to judgment, held, nothing was presented for review.

¶3. In Error to the District Court of the United States for Western District of Louisiana; Rufus E. Foster,. Judge.

¶4Action by James C. Davis, Director General of Railroads, against the Ferd-Brenner Lumber Company, Inc. Judgment for defendant, and plaintiff brings error.

¶5Affirmed,

¶6S. L. Richey, of Alexandria, La., and A. L. Burford, of Texarkana, Ark. (Thornton, Gist & Richey, of Alexandria, La., on the brief), for plaintiff in error.

¶7Nauman S. Scott, of' Alexandria, La. (Hakenyos & Scott, of Alexandria, La., on the brief), for defendant in error.

¶8Before WALKER, and BRYAN, Circuit Judges.

¶9PER CURIAM.

¶10This ease was tried by the District Judge, a jury being waived in writing. There was no exception to any ruling on the pleadings, or to the admission or rejection of evidence, during the progress of the trial. The evidence upon which the. judgment was based is not presented by a bill of exceptions or otherwise. The assignments relate only to the judgment. In this state of the record, nothing is presented for review. Bank of Waterproof v. Fidelity & Deposit Co. (C. C. A.) 299 F. 478.

¶11The judgment is affirmed.

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