Opinion
Samuel L. Kingan, John H. Campbell, and A. R. Conner, all of Tucson, Ariz., for plaintiffs in error.
Ben C. Hill, of Tucson, Ariz., for defendant in error.
Before GILBERT, ROSS, and RUDKIN, Circuit Judges.
Page 302.
RUDKIN, Circuit Judge.
This is a writ of error to review a judgment in an action at law tried by the court without a jury. In such cases the rule is firmly established that the jurisdiction of this court to review the rulings of the court below, with minor exceptions not material here, is dependent upon a compliance with the requirements of section 649 of the Revised Statutes (Comp. St. Sec. 1587), namely, the filing with the clerk of a stipulation in writing waiving a jury. No other waiver will suffice, and in the absence of such a stipulation we can only look to the process, pleadings, and judgment. Bond v. Dustin, 112 U.S. 604, 5 Sup.Ct. 296, 28 L.Ed. 835; Road Imp. District v. St. Louis S.W. Ry. Co., 257 U.S. 547, 562, 42 Sup.Ct. 250, 66 L.Ed. 364; Columbus Compress Co. v. United States F. & G. Co., 186 F. 487, 108 C.C.A. 465; Ladd & Tilton Bank v. Lewis A. Hicks Co., 218 F. 310, 134 C.C.A. 106; Ford v. United States, 260 F. 657, 171 C.C.A. 421.
There is no error apparent upon the face of the record, and the judgment of the court below must therefore be affirmed.