Opinion
No. 4426.
February 7, 1925. Rehearing Denied March 10, 1925.
In Error to the District Court of the United States for Western District of Louisiana; Rufus E. Foster, Judge.
Action by James C. Davis, Director General of Railroads, against the Ferd-Brenner Lumber Company, Inc. Judgment for defendant, and plaintiff brings error. Affirmed.
S.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.
Nauman S. Scott, of Alexandria, La. (Hakenyos Scott, of Alexandria, La., on the brief), for defendant in error.
Before WALKER, and BRYAN, Circuit Judges.
This case 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.
The judgment is affirmed.