Griswold

delivered the opinion of the Court. This case was tried by the judge below without a jury. The main point on which the appellants rely for reversing the judgment, is based upon the ground that the judgment of the Court is not Warranted by the evidence. It has been heretofore decided, that where there was any conflict in the evidence, the appellate Court would not review the facts of a case. Hoppe v. Robb. We not only affirm that decision, but will also decline to review the facts of a case unless the assignment of errors shews that the Court below refused an application for a new trial, made on the ground that the verdict was contrary to the evidence;—and that only because the statute gives an appeal from the refusal of a new trial. In all cases where the judge below tries the facts of a case, the proper mode of reserving the questions of law arising upon the facts, is to ask the Court to decide the law as counsel may desire; and upon a refusal, to have it noted in the bill of exceptions.

In this case, even if the facts as shewn by the record were properly before us for revision, we could not disturb the judgment. We affirm the principle insisted on by the ■ appellant, *24 that…