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SUPERVISORS V. KENNICOTT, 103 U. S. 554 (1880)

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U.S. Supreme Court

Supervisors v. Kennicott, 103 U.S. 554 (1880)

Supervisors v. Kennicott

103 U.S. 554


1. A stipulation, signed by the parties or their attorneys and filed with the clerk of the circuit court, submitting a civil cause for trial on an agreed statement of facts is " a stipulation in writing waiving a jury" within the meaning of sec. 649 of the Revised Statutes.

2. This Court has authority under sec. 700 of the Revised Statutes to determine, as in case of a special verdict, whether the facts set forth in such statement are sufficient in law to support the judgment, although the finding of the circuit court on them be in form general.

3. An appeal was taken by a county from a decree of foreclosure rendered against it upon a mortgage of its lands to secure the bonds of a railroad company. The decree was affirmed, and the costs of the appeal were paid. Held that the liability of the county and its sureties upon the supersedeas bond is limited to such damages as resulted from a delay in the sale of the lands, and does not include the balance remaining unpaid of the decree after applying thereto the proceeds of the sale, nor the interest thereon which accrued pending the appeal.

The facts are stated in the opinion of the Court.

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